Taylor v. Empire Fire Marine Ins. Co.

Full title: LORNA TAYLOR, DAVID TAYLOR, AND ROSEMARY WHYTE…

Court: District Court of Appeal of Florida, Third District

Date published: Jan 9, 1991

581 So. 2d 1332 (Fla. Dist. Ct. App. 1991)

Opinion

No. 89-1665.

October 16, 1990. Rehearing Denied January 9, 1991.

An Appeal and Cross-Appeal from the Circuit Court for Dade County; Edward N. Moore, Judge.

Merritt Sikes, P.A., and J. Daniel Ennis, Miami, for appellants.

Rhea P. Grossman, Miami, for appellee.

Before SCHWARTZ, C.J., and JORGENSON and LEVY, JJ.

PER CURIAM.

Lorna and David Taylor and Rosemary Whyte appeal from an order of final summary judgment. The issue raised by this appeal is identical to the issue in Rabatie v. U.S. Security Ins. Co., 581 So.2d 1327 (Fla. 3d DCA 1990) (en banc). On the authority of Rabatie, we reverse and remand for further proceedings.

Reversed and remanded for further proceedings.