BERDIE MAE ADKINS, APPELLANT,
v.
FLOYD R. EMBRY, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, INC., AN ILLINOIS CORPORATION, AND HOLLAND H. CHASTAIN, AS NEXT FRIEND AND NATURAL GUARDIAN OF HAROLD J. CHASTAIN, A MINOR, APPELLEES

Fla. 2d DCA | 1960-02-24
No. 1433
ALLEN, C. J., KANNER, J., and STEPHENSON, GUNTER, Associate Judge, concur.
118 So. 2d 34 Florida District Court of Appeal, Second District (1960)
Cited by 1 case

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Synopsis

The appellate court affirmed a summary judgment in favor of the defendants, finding no genuine issue of material fact regarding the existence of an oral contract for automobile insurance. The plaintiff sought damages based on an alleged oral agreement to issue a policy to a minor.


Holding

No, there was no genuine issue of material fact, and the defendants were entitled to judgment as a matter of law.


Key Quotes

“Our study of the record convinces us that there is no genuine issue as to any material fact, and the appellees were entitled to a judgment as a matter of law.”

This quote establishes the appellate court's agreement with the trial court's finding that no material facts were in dispute and that the defendants were legally entitled to win.

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Facts & Procedural History

Berdie Mae Adkins sued for damages, alleging an oral agreement by State Farm Mutual Automobile Insurance Company to issue an automobile liability poli…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, Berdie Mae Adkins, has instituted this appeal from a summary final judgment. She sought to recover damages from the appellees, founding her right for recovery upon an alleged oral agreement for issuance of an automobile liability insurance policy by the appellee insurance company to Harold J. Chastain, a minor. The appellees interposed a motion for summary judgment. After a hearing on the motion, the trial court found, from an examination of the entire record, that there was no valid contract in existence such as would support the action. Grant*35ing the motion for summary judgment, the trial judge subsequently entered a final judgment.

Our study of the record convinces us that there is no genuine issue as to any material fact, and the appellees were entitled to a judgment as a matter of law. Hence we find no error, and accordingly the judgment entered by the trial court is hereby affirmed.

Affirmed.

ALLEN, C. J., KANNER, J., and STEPHENSON, GUNTER, Associate Judge, concur.


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