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

District Court of Appeal of Florida·Decided June 22, 1972·No. No. 71-334·Published·Cited by 1 cases

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.

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

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263 So. 2d 638 (Cochran ex rel. Cochran v. Swindell) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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