Glens Falls Insurance Group v. Bartholomew

Supreme Court of Florida

Glens Falls Insurance Group v. Bartholomew

262 So. 2d 680, 1972 Fla. LEXIS 3767

CourtSupreme Court of Florida

DecidedMay 17, 1972

DocketNo. 40715

StatusPublished

Cited by1 cases

This text of 262 So. 2d 680 (Glens Falls Insurance Group v. Bartholomew) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Glens Falls Insurance Group v. Bartholomew, 262 So. 2d 680, 1972 Fla. LEXIS 3767 (Fla. 1972).

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Opinion

PER CURIAM.

By petition for writ of certiorari, we are asked to review a decision of the District Court of Appeal, Fourth District, holding the date of insolvency of an insurance company can be tried as an issue of fact independently of the insurance commissioner’s receivership adjudication and prior court decisions. Bartholomew v. Glens Falls Insurance Group, Fla.App.1970, 241 So.2d 698. The petition reflected probable jurisdiction in this Court. After argument and upon further consideration, however, we have determined that the writ was improvidently issued.

The writ is discharged and the petition is dismissed.

It is so ordered.

ERVIN, BOYD and DEKLE, JJ., and SACK, Circuit Judge, concur. ROBERTS, C. J., dissents.

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PER CURIAM.

By petition for writ of certiorari, we are asked to review a decision of the District Court of Appeal, Fourth District, holding the date of insolvency of an insurance company can be tried as an issue of fact independently of the insurance commissioner’s receivership adjudication and prior court decisions. Bartholomew v. Glens Falls Insurance Group, Fla.App.1970, 241 So.2d 698. The petition reflected probable jurisdiction in this Court. After argument and upon further consideration, however, we have determined that the writ was improvidently issued.

The writ is discharged and the petition is dismissed.

It is so ordered.

ERVIN, BOYD and DEKLE, JJ., and SACK, Circuit Judge, concur. ROBERTS, C. J., dissents.

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262 So. 2d 680, 1972 Fla. LEXIS 3767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glens-falls-insurance-group-v-bartholomew-fla-1972.

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