GULF LIFE INSURANCE CO., A CORPORATION,
v.
MARY DIXON

Fla. | 1933-10-06
• ' Davis, C. J., and Whitfield, Ellis, Terrell, and Buford, J. J., concur., Brown, J., not participating.
112 Fla. 264 Florida Supreme Court (1933)
Also reported at: 150 So. 133

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Synopsis

The Florida Supreme Court denied certiorari, finding that the lower courts did not depart from the essential requirements of law in affirming a judgment for a life insurance policy beneficiary. The court indicated that the policy's lapse was a jury question.


Holding

No, the Circuit Court did not depart from the essential requirements of law. The issue of whether the policy had lapsed presented a jury question.


Key Quotes

“Certiorari is' denied herein because it appears from the records and briefs of the parties petitioner and respondent that the Circuit Court did not depart from the essential requirements of the law in rendering its judgment affirming the Civil Court of Record of Duval County.”

This quote states the court's primary reason for denying certiorari.

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Facts & Procedural History

A beneficiary recovered a judgment against Gulf Life Insurance Company on a life insurance policy. The insurance company appealed to the Circuit Court…

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Opinion of the Court
Per Curiam.

Per Curiam.

Judgment was recovered in the Civil Court of Record of Duval County against Gulf Life Insurance Company, a corporation, by the beneficiary of a life insurance policy issued on the life of Melvin Scott. The insurance company appealed to the Circuit Court. The Circuit Court affirmed the judgment. Certiorari has been applied for here.

’ Certiorari is' denied herein because it appears from the records and briefs of the parties petitioner and respondent that the Circuit Court did not depart from the essential requirements of the law in rendering its judgment affirming the Civil Court of Record of Duval County. If our opinion in Industrial Life & Health Ins. Co. v. Cofield, 110 Fla. 315, 148 Sou. Rep. 549, is not controlling, there are *265other facts' and circumstances shown in the record which made it a jury question whether or not the policy sued on had ever lapsed.

Certiorari denied.

• ' Davis, C. J., and Whitfield, Ellis, Terrell, and Buford, J. J., concur.

Brown, J., not participating.


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