ROY F. FRANCE, SR., TRADING AND DOING BUSINESS AS ROY F. FRANCE AND SON, APPELLANT,
v.
JOE HART, A/K/A HERMAN JOSEPHART AND AS JOSEPH HART, BELLA HART, LEON GARFIELD, EDITH HELD COOPER AND HART PROPERTIES, INC., A FLORIDA CORPORATION, APPELLEES

Fla. 3d DCA | 1966-12-27
No. 66-134
Before HENDRY, C. J., and PEARSON and CARROLL, JJ.
193 So. 2d 180 Florida District Court of Appeal, Third District (1966) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from a final summary decree entered for the defendants in plaintiffs suit for relief by creditor’s bill.

From our examination of the file which was before the chancellor when he entered the summary final decree here appealed, we conclude that the evidence and reasonable inferences arising therefrom create genuine issues of fact precluding summary final judgment.

Therefore, the decree appealed is reversed.

Reversed.


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  • …r prosecution of the third party action against State Farm. State Farm has argued that U.S. Steel’s self-insurance constitutes “other collectible insurance,” within the meaning of its policy’s exception. In State Farm Mutual Insurance Co. v. Vines, 193 So. 2d 180, 182 (Fla. 1st DCA 1966) this court construed the term “collectible insurance” to refer to an insurance policy, the proceeds of which are collectible as distinguished from uncollecti-ble due to the insurance company’s insolvency. In Southeast Title…
  • Golden Isles Hosp., Inc. v. Cont'l Cas. Co., 327 So. 2d 789 (Fla. 3d DCA 1976)
    …xing liability. Therefore, it follows that as of the date of the accident there was a valid exclusion of liability upon Continental’s policy for the amount due from the primary insurer. See State Farm Mutual Insurance Company v. Vines, Fla.App.1966, 193 So. 2d 180; Friedfeld v. Royal Indemnity Company, Fla.App. 1964, 167 So. 2d 586. Affirmed.…
  • Neely Gary Williams & Travelers Ins. Co. v. Perdue, 300 So. 2d 742 (Fla. 3d DCA 1974)
    …of coverage. See Aetna Casualty & Surety Company v. Market Insurance Company, Fla.App. 1974, 296 So. 2d 555; Spurgeon v. State Farm Mutual Insurance Company, Fla.App. 1964, 169 So. 2d 343; State Farm Mutual Insurance Company v. Vines, Fla.App.1966, 193 So. 2d 180; Friedfeld v. Royal Indemnity Company, Fla.App.1964, 167 So. 2d 586. For the foregoing reasons, the judgment against Travelers is vacated and set aside and this cause is remanded to the lower court for hearing and determination of the issue of cove…

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