LUCINDA JOHNSON, ET VIR, APPELLANTS,
v.
THE SHELBY MUTUAL INSURANCE COMPANY OF SHELBY, OHIO, APPELLEE
LUCINDA JOHNSON, ET VIR, APPELLANTS,
THE SHELBY MUTUAL INSURANCE COMPANY OF SHELBY, OHIO, APPELLEE
412 So. 2d 864
Florida District Court of Appeal, Fifth District (1981)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Appellee’s “Motion to Stay” will be treated as a motion to clarify our brief opinion to certify conflict, 389 So. 2d 332, so further review will not be precluded. The decision sub judice by relying on State Farm Mutual Insurance Company v. Bergman, 387 So. 2d 494 (Fla. 5th DCA 1980), is in direct conflict with Carter v. Government Employee’s Insurance Company, 377 So. 2d 242 (Fla. 1st DCA 1979).
Except as clarified herein, we adhere to our original opinion, and the motion to “stay the decision” is denied.
ORFINGER and SHARP, JJ., and BAKER, JOSEPH P., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gregg v. Gregg, 474 So. 2d 262 (Fla. 3d DCA 1985)…low awards requiring a husband to maintain life insurance for the benefit of the wife as a form of lump sum alimony. Stith v. Stith, 384 So. 2d 317 (Fla. 2d DCA 1980). See also Noe v. Noe, 431 So. 2d 657 (Fla. 2d DCA 1983). Cf. Cremeens v. Cremeens, 412 So. 2d 864 (Fla. 2d DCA 1981) (on motion for rehearing) (applying the Stith theory to an award to the wife of payments remaining due on an installment contract upon the husband’s death). Until recently it appeared that there may have been some conflict within…
Authorities Cited
- State Farm Mut. Auto. Ins. Co. v. Gerhard S. Bergman, 387 So. 2d 494 (Fla. 5th DCA 1980)
- Carter v. Gov't Emps. Ins. Co. & Eual T. Berry, 377 So. 2d 242 (Fla. 1st DCA 1979)
- Lucinda Johnson v. The Shelby Mut. Ins. Co. of Shelby, 389 So. 2d 332 (Fla. 5th DCA 1980)
- In re the Marriage of Stephen W. Jacobsen v. Jacobsen, 389 So. 2d 332 (Fla. 5th DCA 1980)