HAL GENTRY AND MICHAEL B. SWINDLE, APPELLANTS,
v.
LLOYD MATTAIR, JR., AND MARYLAND CASUALTY COMPANY, APPELLEES
HAL GENTRY AND MICHAEL B. SWINDLE, APPELLANTS,
LLOYD MATTAIR, JR., AND MARYLAND CASUALTY COMPANY, APPELLEES
424 So. 2d 925
Florida District Court of Appeal, First District (1982)
Caution
Cited by 18 cases
Opinion of the Court
PER CURIAM.
Affirmed. West Building Materials, Inc. v. Allstate Insurance Co., 363 So. 2d 398 (Fla. 1st DCA 1978).
McCORD and BOOTH, JJ., concur. WENTWORTH, J., dissents.
Dissent
WENTWORTH, Judge,
dissenting.
This case is before us on appeal from an order granting summary judgment in favor of an alleged tortfeasor’s insurer. I would reverse the order appealed, as I believe the case presents a disputed issue of material fact as to whether the insured expected or intended the damage which resulted from his actions, whereby coverage was excluded under the terms of the insurance policy.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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DeBOLT v. The Dep't OF Health & Rehabilitative Servs., 427 So. 2d 221 (Fla. 1st DCA 1983)…erted its claimed immunity from tort liability. See, Bergen Brunswig Corporation v. State, Department of Health and Rehabilitative Services, 415 So. 2d 765 (Fla. 1st DCA 1982), and Kirkland v. State, Department of Health and Rehabilitative Services, 424 So. 2d 925 (Fla. 1st DCA 1983). The only case cited by HRS in which it has been held to have complete sovereign immunity by virtue of section 402.34 is the case of Swain v. Walker, - Fla.Supp. -, No. 80-12326 (Fla. 11th Cir.Ct., August 27, 1981), wherein the H…
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Odell Hall v. KEY, 476 So. 2d 787 (Fla. 1st DCA 1985)…e of Civil Procedure 1.190(a). As stated by this court: “Amendments to pleadings should be freely allowed in the interest of justice so that the merits of the case may be reached.” Kirkland v. State, Department of Health and Rehabilitative Services, 424 So. 2d 925, 927 (Fla. 1st DCA 1983). Moreover, allegations in a prisoner’s pro se petition should be held “to less stringent standards than formal pleadings drafted by lawyers”. Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 596, 30 L.Ed.2d 652 (1972). Ac…
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Carron M. Cutler v. The Bd. OF Regents OF the State OF Fla., 459 So. 2d 413 (Fla. 1st DCA 1984)…ty to amend her complaint to include the ultimate facts which will entitle her to relief, if she can, a determination under Commercial Carrier must await any amended complaint. See Kirkland v. State, Department of Health and Rehabilitative Services, 424 So. 2d 925 (Fla.1983). We have not overlooked the cases cited by BOR, which have held that deployment of police officers and campus security personnel is a planning-level governmental function which deserves immunity from tort liability. Wong v. City of Miami…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- W. Bldg. Materials, Inc. v. Allstate Ins. Co., 363 So. 2d 398 (Fla. 1st DCA 1978)
- Goldstein v. Goldstein, 363 So. 2d 398 (Fla. 3d DCA 1978)