PUBLIC HEALTH TRUST OF DADE COUNTY, FLORIDA, AN AGENCY AND INSTRUMENTALITY OF DADE COUNTY, FLORIDA, WHICH OPERATES JACKSON MEMORIAL HOSPITAL, APPELLANTS,
v.
PRUDENTIAL INSURANCE COMPANY, SHIRLEY J. MILLER, MIL AIR AND HEAT, INC., APPELLEES
PUBLIC HEALTH TRUST OF DADE COUNTY, FLORIDA, AN AGENCY AND INSTRUMENTALITY OF DADE COUNTY, FLORIDA, WHICH OPERATES JACKSON MEMORIAL HOSPITAL, APPELLANTS,
PRUDENTIAL INSURANCE COMPANY, SHIRLEY J. MILLER, MIL AIR AND HEAT, INC., APPELLEES
415 So. 2d 896
Florida District Court of Appeal, Third District (1982)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We reverse the final order granting summary judgment in favor of Prudential Insurance Company upon a holding that there did exist material issues of fact for jury consideration. Travelers Insurance Company v. Zimmerman, 309 So. 2d 569 (Fla. 3d DCA 1975).
The affirmative defense of fraud is usually considered a jury question and is not ordinarily appropriate for summary judgment proceedings. Hermes v. Anton, 300 So. 2d 46 (Fla. 3d DCA 1974); Automobile Sales, Inc. v. Federated Mutual Implement and Hardware Insurance Company, 256 So. 2d 386 (Fla. 3d DCA 1972).
Reversed and remanded for further proceedings.
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Alfa Vision Ins. Corp. v. Tampa Chiropractic Ctr. (9th Cir. Ct. App. Div. 2013)
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Royal Bahamian Ass'n, Inc. v. QBE Ins. Corp., 750 F. Supp. 2d 1346 (S.D. Fla. 2010)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Auto. Sales, Inc. v. Federated Mut. Implement & Hardware Ins. Co., 256 So. 2d 386 (Fla. 3d DCA 1972)
- Travelers Ins. Co. v. Zimmerman, 309 So. 2d 569 (Fla. 3d DCA 1975)
- Hermes v. Anton, 300 So. 2d 46 (Fla. 3d DCA 1974)