Andrews v. Mutual Benefit Life Insurance Co.

District Court of Appeal of Florida

Andrews v. Mutual Benefit Life Insurance Co.

578 So. 2d 52, 1991 Fla. App. LEXIS 3612, 1991 WL 58885

CourtDistrict Court of Appeal of Florida

DecidedApril 19, 1991

DocketNo. 90-00876

StatusPublished

This text of 578 So. 2d 52 (Andrews v. Mutual Benefit Life Insurance Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Andrews v. Mutual Benefit Life Insurance Co., 578 So. 2d 52, 1991 Fla. App. LEXIS 3612, 1991 WL 58885 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

We reverse the trial court’s order dismissing with prejudice the fourth amended complaint insofar as the order dismissed what we view as plaintiffs attempt to preserve an ERISA cause of action against Mutual Benefit Life Insurance Company. While the dismissal shall stand, on remand plaintiff shall have the opportunity to further amend to state such a cause of action. In all other respects the order is affirmed.

CAMPBELL, A.C.J., and LEHAN and ALTENBERND, JJ., concur.

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PER CURIAM.

We reverse the trial court’s order dismissing with prejudice the fourth amended complaint insofar as the order dismissed what we view as plaintiffs attempt to preserve an ERISA cause of action against Mutual Benefit Life Insurance Company. While the dismissal shall stand, on remand plaintiff shall have the opportunity to further amend to state such a cause of action. In all other respects the order is affirmed.

CAMPBELL, A.C.J., and LEHAN and ALTENBERND, JJ., concur.

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Bluebook (online)

578 So. 2d 52, 1991 Fla. App. LEXIS 3612, 1991 WL 58885, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrews-v-mutual-benefit-life-insurance-co-fladistctapp-1991.