GREAT PLAINS INSURANCE COMPANY, APPELLANT,
v.
TODD MIDGLEY, APPELLEE
GREAT PLAINS INSURANCE COMPANY, APPELLANT,
TODD MIDGLEY, APPELLEE
522 So. 2d 550
Florida District Court of Appeal, Fourth District (1988)
Negative Treatment
Cited by 32 cases
Opinion of the Court
PER CURIAM.
We deny appellant’s and appellee’s motions for rehearing. However, we withdraw our opinion of February 10, 1988 and substitute the following:
We affirm the trial court’s order confirming the arbitrator’s award in favor of appel-lee. However, the trial court erred when it failed to limit the amount of the judgment to the amount of appellant’s policy limits. We reject appellee’s argument that appellant failed to adequately preserve this point for appeal. Accordingly, we reverse that part of the final judgment that awarded appellee $395,000 damages and we remand this case with directions to enter judgment in favor of appellee in the amount of $300,-000 plus interest at the statutory rate.
AFFIRMED IN PART; REVERSED IN PART and REMANDED.
ANSTEAD, DELL and STONE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (16 total)
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Gipson v. State, 537 So. 2d 1080 (Fla. 1st DCA 1989)…ithout more, does not give rise to a founded suspicion of criminal activity and does not justify a stop and frisk. Antela v. State, 514 So. 2d 423 (Fla. 3d DCA 1987) (leaving an often-robbed convenience store upon sighting police); Bastien v. State, 522 So. 2d 550 (Fla. 5th DCA 1988) (attempted flight when SWAT team members converged on bar in high crime area with arrest warrants for other individuals); Cobb v. State, 511 So. 2d [*1082] 698 (Fla. 3d DCA 1987) (running upon sighting police in a high crime area…
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McMASTER v. State, 780 So. 2d 1026 (Fla. 5th DCA 2001)…t officers in a high crime area was not enough to constitute a reasonable suspicion for an investigatory stop. See, e.g., Pritchett v. State, 677 So. 2d 317 (Fla. 1st DCA 1996); Gipson v. State, 537 So. 2d 1080 (Fla. 1st DCA 1989); Bastien v. State, 522 So. 2d 550 (Fla. 5th DCA 1988). However, the United ' States Supreme Court has recently held to the contrary in Wardlow. Pursuant to the conformity clause contained in article 1, section 12 of the Florida Constitution, we are required to resolve search and sei…
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Jones v. State, 570 So. 2d 433 (Fla. 5th DCA 1990)…a. 2d DCA 1988). Flight from an officer in a high crime area is also insufficient to give rise to a founded suspicion. Cobb v. State, 511 So. 2d 698 (Fla. 3d DCA 1987). See also Gipson v. State, 537 So. 2d 1080 (Fla. 1st DCA 1989); Bastien v. State, 522 So. 2d 550 (Fla. 5th DCA 1988). Even suspicious movements combined with flight from an officer are insufficient. Ruddack v. State, 537 So. 2d 701 (Fla. 4th DCA 1989). Finally, an officer’s gut suspicion that a person may be engaged in criminal activity is also…
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