BENNETT S. COHN, PETITIONER,
v.
WORLD CASINO TOURS, INC., A FLORIDA CORPORATION AND IVAN STEPHENS, RESPONDENTS
BENNETT S. COHN, PETITIONER,
WORLD CASINO TOURS, INC., A FLORIDA CORPORATION AND IVAN STEPHENS, RESPONDENTS
372 So. 2d 214
Florida District Court of Appeal, Third District (1979)
Negative Treatment
Cited by 18 cases
Opinion of the Court
PER CURIAM.
The trial judge erroneously transferred the action below to the county court because of the alleged absence of the jurisdictional amount, despite unresolved claims in the complaint to $1,200 in compensatory damages and punitive damages in excess of $50,000 based on allegations that the defendants were guilty of fraud and extortion. Certiorari is therefore granted and the order of transfer under review is quashed on the authority of Stabinski v. Windjammer International Corp., 360 So. 2d 56 (Fla. 3d DCA 1978), and cases cited. The cause is remanded for further proceedings consistent herewith.
Certiorari granted.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Ivey v. Chicago Ins. Co., 410 So. 2d 494 (Fla. 1982)…’s own policy. We note, initially, that three recent district court decisions have rejected the holding in Taylor. See Cox v. State Farm Mutual Automobile Insurance Company, 378 So. 2d 330 (Fla. 2d DCA 1980); Lezcano v. Leatherby Insurance Company, 372 So. 2d 214 (Fla. 4th DCA 1979); and, United States Fidelity and Guaranty Company v. Curry, 371 So. 2d 677 (Fla. 3d DCA 1979). The preceding three cases held that the words “his uninsured motorist’s coverage” “refer to any uninsured motorist coverage which is o…
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COX v. State Farm Mut. Auto. Ins. Co., 378 So. 2d 330 (Fla. 2d DCA 1980)…ssive user under the vehicle owner’s policy. Main Insurance Co. v. Wiggins, 349 So. 2d 638 (Fla. 1st DCA 1977). Recently two other district courts of appeal have rendered decisions contrary to the Taylor holding. Lezcano v. Leatherby Insurance Co., 372 So. 2d 214 (Fla. 4th DCA 1979); United States Fidelity & Guaranty Co. v. Curry, 371 So. 2d 677 (Fla. 3d DCA 1979). In Curry the claimant received injuries while driving his employer’s vehicle. Only $11,000 was available under the liability coverage of the othe…
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Fla. Ins. Guar. Ass'n v. Johnson, 392 So. 2d 1348 (Fla. 5th DCA 1980)…statute, Section 627.4132, Florida Statutes (1976), this second type of stacking was generally recognized and held to be proper. United States Fidelity and Guaranty Co. v. Curry, 371 So. 2d 677 (Fla. 3d DCA 1979); Lezcano v. Leatherby Insurance Co., 372 So. 2d 214 (Fla. 4th DCA 1979). Contra, Government Emp. Ins. Co. v. Taylor, 342 So. 2d 547 (Fla. 1st DCA 1977). Appellant claims that the anti-stacking statute applies and prohibits the stacking of coverage under the General policy upon the coverage under the…
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- Stabinski v. Windjammer Int'l Corp., 360 So. 2d 56 (Fla. 3d DCA 1978)