Cochran ex rel. Cochran v. Swindell

District Court of Appeal of Florida

Cochran ex rel. Cochran v. Swindell

263 So. 2d 638, 1972 Fla. App. LEXIS 6659

CourtDistrict Court of Appeal of Florida

DecidedJune 22, 1972

DocketNo. 71-334

StatusPublished

Cited by1 cases

This text of 263 So. 2d 638 (Cochran ex rel. Cochran v. Swindell) 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.

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Cochran ex rel. Cochran v. Swindell, 263 So. 2d 638, 1972 Fla. App. LEXIS 6659 (Fla. Ct. App. 1972).

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Opinion

PER CURIAM.

This is an appeal from a judgment on the pleadings under Rule 1.140(c), RCP, 30 F.S.A. The judgment was for defendant State Farm Mutual Automobile Insurance Company. It is our view that,the .pleadings did not authorize a termination of the proceedings by this procedure. See City of Pompano Beach v. Oltman, Fla.App.1969, 228 So.2d 610 and Butts v. State Farm Mutual Automobile Ins. Co., Fla.App.1968, 207 So.2d 73. For this reason, the judgment is reversed. This opinion and decision does not pass on the correctness of the trial judge’s interpretation of the insurance policy here involved.

Reversed.

REED, C. J., MAGER, J., and CARLTON, CHARLES T., Associate Judge, concur.

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PER CURIAM.

This is an appeal from a judgment on the pleadings under Rule 1.140(c), RCP, 30 F.S.A. The judgment was for defendant State Farm Mutual Automobile Insurance Company. It is our view that,the .pleadings did not authorize a termination of the proceedings by this procedure. See City of Pompano Beach v. Oltman, Fla.App.1969, 228 So.2d 610 and Butts v. State Farm Mutual Automobile Ins. Co., Fla.App.1968, 207 So.2d 73. For this reason, the judgment is reversed. This opinion and decision does not pass on the correctness of the trial judge’s interpretation of the insurance policy here involved.

Reversed.

REED, C. J., MAGER, J., and CARLTON, CHARLES T., Associate Judge, concur.

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263 So. 2d 638, 1972 Fla. App. LEXIS 6659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cochran-ex-rel-cochran-v-swindell-fladistctapp-1972.

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