PORTER D. MONROE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
PORTER D. MONROE, PETITIONER,
STATE OF FLORIDA, RESPONDENT
104 So. 2d 734
Florida Supreme Court (1957)
Positive Treatment
Cited by 20 cases
Opinion of the Court
On Rehearing Granted
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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Amendments to the Florida Rules of Appellate Procedure, 685 So. 2d 773 (Fla. 1996)…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…
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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…
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- King v. State, 104 So. 2d 730 (Fla. 1957)