Edwards v. State Farm Mutual Automobile Insurance Co.

District Court of Appeal of Florida

Edwards v. State Farm Mutual Automobile Insurance Co.

467 So. 2d 833, 10 Fla. L. Weekly 1070, 1985 Fla. App. LEXIS 13680

District Court of Appeal of Florida·Decided April 26, 1985·No. No. 84-2118·Published

Opinion

PER CURIAM.

The trial court entered an order dismissing with prejudice appellant’s complaint seeking uninsured motorist benefits under an insurance policy issued by appellee. On the authority of Burnett v. Fireman’s Fund Insurance Co., 408 So.2d 838 (Fla. 2d DCA), petition for review denied, 419 So.2d 1197 (Fla.1982), we reverse and remand for further proceedings. We do not read the holding of the supreme court in State Farm Mutual Automobile Insurance Co. v. Kilbreath, 419 So.2d 632 (Fla. 1982), as disapproving or overruling this court’s holding in Burnett.

REVERSED and REMANDED.

OTT, A.C.J., and CAMPBELL and HALL, JJ., concur.

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PER CURIAM.

The trial court entered an order dismissing with prejudice appellant’s complaint seeking uninsured motorist benefits under an insurance policy issued by appellee. On the authority of Burnett v. Fireman’s Fund Insurance Co., 408 So.2d 838 (Fla. 2d DCA), petition for review denied, 419 So.2d 1197 (Fla.1982), we reverse and remand for further proceedings. We do not read the holding of the supreme court in State Farm Mutual Automobile Insurance Co. v. Kilbreath, 419 So.2d 632 (Fla. 1982), as disapproving or overruling this court’s holding in Burnett.

REVERSED and REMANDED.

OTT, A.C.J., and CAMPBELL and HALL, JJ., concur.

Edwards v. State Farm Mutual Automobile Insurance Co., 467 So. 2d 833, 10 Fla. L. Weekly 1070, 1985 Fla. App. LEXIS 13680 (Fla. Ct. App. 1985).

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