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Smith v. St. Farm Mut. Auto. Ins. Co.

District Court of Appeal of Florida, Third District
Mar 10, 1970
232 So. 2d 421 (Fla. Dist. Ct. App. 1970)

Opinion

No. 68-699.

March 10, 1970.

An Appeal from the Civil Court of Record for Dade County; James H. Earnest, Judge.

Peter S. Schwedock, Miami, for appellants.

Fleming, O'Bryan Fleming and Gary S. Barber, Ft. Lauderdale, for appellee.

Before PEARSON, C.J., and CHARLES CARROLL and SWANN, JJ.


This cause recurs for consideration upon the mandate of the Supreme Court of Florida pursuant to the opinion and judgment of that court filed February 4, 1970 ( 231 So.2d 193), disapproving the concluding paragraph with directions to eliminate said paragraph of the prior opinion and judgment of this court in this cause (Fla. App., 220 So.2d 389).

In accord with the directive of the judgment of the Supreme Court of Florida, the concluding paragraph of our prior opinion and judgment is vacated, the said opinion and judgment is amended in accordance with the opinion of the Supreme Court and the cause is remanded to the trial court for its determination of allowable damages, under the express terms of the contract relating to loss occasioned by the temporary loss of use of the car.

The amount of such damages are specified in the policy of insurance.

It is so ordered.


Summaries of

Smith v. St. Farm Mut. Auto. Ins. Co.

District Court of Appeal of Florida, Third District
Mar 10, 1970
232 So. 2d 421 (Fla. Dist. Ct. App. 1970)
Case details for

Smith v. St. Farm Mut. Auto. Ins. Co.

Case Details

Full title:LOUIS K. SMITH AND CATHERIN Y. SMITH, INDIVIDUALLY AND AS MAN AND WIFE…

Court:District Court of Appeal of Florida, Third District

Date published: Mar 10, 1970

Citations

232 So. 2d 421 (Fla. Dist. Ct. App. 1970)