Fidelity & Casualty Co. of New York v. Dunlap

District Court of Appeal of Florida

Fidelity & Casualty Co. of New York v. Dunlap

371 So. 2d 1102, 1979 Fla. App. LEXIS 15301

CourtDistrict Court of Appeal of Florida

DecidedJune 19, 1979

DocketNos. 78-1500, 78-1512 and 78-1577

StatusPublished

This text of 371 So. 2d 1102 (Fidelity & Casualty Co. of New York v. Dunlap) 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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Fidelity & Casualty Co. of New York v. Dunlap, 371 So. 2d 1102, 1979 Fla. App. LEXIS 15301 (Fla. Ct. App. 1979).

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Opinion

PER CURIAM.

Fidelity and Casualty Company of New York, one of the defendants in the declaratory action, appeals a summary judgment ordering it to extend coverage on a policy which had been issued to Hilda Borges Jou Dunlap. The summary judgment also determined a question of liability, which had been presented in the alternative against Reserve Finance Corporation and Hialeah Insurance Company. All three companies appealed, the cases were consolidated, and the appellants filed briefs. Thereafter, the appellee confessed error as to Reserve and Hialeah, and requested that the summary judgment be reversed as to them.

We find no error in the summary judgment as to Fidelity, and affirm same. Edgewater Drugs, Inc. v. Jax Drugs, Inc., 138 So.2d 525 (Fla. 1st DCA 1962); All American Life & Casualty Company v. Rose, 145 So.2d 555 (Fla. 3d DCA 1962); Tavares v. Allstate Insurance Company, 342 So.2d 551 (Fla. 3d DCA 1977); Bared v. Miami Professional Sports Ltd., 353 So.2d 167 (Fla. 3d DCA 1978); F&R Builders v. Lowell Dunn Company, 364 So.2d 826 (Fla. 3d DCA 1978). Therefore, upon the confession of error, the summary judgment is reversed as to Reserve and Hialeah and affirmed as to Fidelity.

Affirmed in part; reversed in part.

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PER CURIAM.

Fidelity and Casualty Company of New York, one of the defendants in the declaratory action, appeals a summary judgment ordering it to extend coverage on a policy which had been issued to Hilda Borges Jou Dunlap. The summary judgment also determined a question of liability, which had been presented in the alternative against Reserve Finance Corporation and Hialeah Insurance Company. All three companies appealed, the cases were consolidated, and the appellants filed briefs. Thereafter, the appellee confessed error as to Reserve and Hialeah, and requested that the summary judgment be reversed as to them.

We find no error in the summary judgment as to Fidelity, and affirm same. Edgewater Drugs, Inc. v. Jax Drugs, Inc., 138 So.2d 525 (Fla. 1st DCA 1962); All American Life & Casualty Company v. Rose, 145 So.2d 555 (Fla. 3d DCA 1962); Tavares v. Allstate Insurance Company, 342 So.2d 551 (Fla. 3d DCA 1977); Bared v. Miami Professional Sports Ltd., 353 So.2d 167 (Fla. 3d DCA 1978); F&R Builders v. Lowell Dunn Company, 364 So.2d 826 (Fla. 3d DCA 1978). Therefore, upon the confession of error, the summary judgment is reversed as to Reserve and Hialeah and affirmed as to Fidelity.

Affirmed in part; reversed in part.

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371 So. 2d 1102, 1979 Fla. App. LEXIS 15301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fidelity-casualty-co-of-new-york-v-dunlap-fladistctapp-1979.

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