PORTER D. MONROE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 1957-09-25
TERRELL, C. J., HOBSON and ROBERTS, JJ., and LOPEZ, Circuit Judge, concur., DREW, THORNAL and O’CONNELL, JJ., dissent.
104 So. 2d 734 Florida Supreme Court (1957) Positive Treatment
Cited by 20 cases

Opinion of the Court
PER CURIAM.

On Rehearing Granted

PER CURIAM.

This is a companion case to King v. State, 104 So.2d 730, and is controlled by the principles of law enunciated therein.

Accordingly, certiorari is granted and the order here reviewed is quashed with directions to remand the cause to the trial court for a new trial.

It is so ordered.

TERRELL, C. J., HOBSON and ROBERTS, JJ., and LOPEZ, Circuit Judge, concur.

DREW, THORNAL and O’CONNELL, JJ., dissent.


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  • …surer may be liable under its policy to pay interest on the entire amount of the judgment against its insured, notwithstanding that the judgment against it may be limited to a lesser amount by its policy limits. See Highway Casualty Co. v. Johnston, 104 So. 2d 734 (Fla.1958). In that situation, the amended rule requires the insurance company to supersede the limited judgment against it by posting a bond in the amount of the judgment plus 2 years’ interest on the judgment against its insured, so that the bond…
  • State-Wide Ins. Co. v. Flaks, 233 So. 2d 400 (Fla. 3d DCA 1970)
    …with the law of Florida as the obligation in that respect has been determined upon interpretation by the Florida appellate courts of similarly worded provisions of an indemnity insurance contract. See Highway Casualty Company v. Johnston, Fla.1958, 104 So. 2d 734; Allstate Insurance Company v. Warren, Fla.App. 1961, 125 So. 2d 886; Grain Dealers Mutual Insurance Company v. Quarrier, Fla.App. 1965, 175 So. 2d 83. On the other hand, under the law of the State of New York, a similarly worded provision of an in…
  • Allstate Ins. Co. v. Warren, 125 So. 2d 886 (Fla. 3d DCA 1961)
    …has paid, tendered or deposited in court that part of the judgment which does not exceed the limit of Allstate’s liability thereon.” Our Supreme Court, in considering just such a provision in the case of Highway Casualty Co. v. Johnston, Fla.1958, 104 So. 2d 734, concluded that the garnishee-insurance carrier was liable for interest on the entire judgment. In view of this holding, we conclude that the trial court erred in refusing to award the plaintiffs-appellees interest upon the unsatisfied judgment whic…

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