GLENS FALLS INSURANCE GROUP, A NEW YORK CORPORATION, AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA, PETITIONER,
v.
WILLIAM BARTHOLOMEW, RESPONDENT

Fla. | 1972-05-17
No. 40715
ERVIN, BOYD and DEKLE, JJ., and SACK, Circuit Judge, concur., ROBERTS, C. J., dissents.
262 So. 2d 680 Florida Supreme Court (1972) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

By petition for writ of certiorari, we are asked to review a decision of the District Court of Appeal, Fourth District, holding the date of insolvency of an insurance company can be tried as an issue of fact independently of the insurance commissioner’s receivership adjudication and prior court decisions. Bartholomew v. Glens Falls Insurance Group, Fla.App.1970, 241 So.2d 698. The petition reflected probable jurisdiction in this Court. After argument and upon further consideration, however, we have determined that the writ was improvidently issued.

The writ is discharged and the petition is dismissed.

It is so ordered.

ERVIN, BOYD and DEKLE, JJ., and SACK, Circuit Judge, concur.

ROBERTS, C. J., dissents.


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  • …PER CURIAM. The writ of certiorari previously issued in this cause is discharged and the petition is dismissed. See Glens Falls Insurance Group v. Bartholomew, Fla., 262 So. 2d 680, opinion filed May 17, 1972. The motion for attorneys’ fees filed by the Respondents is granted in the amount of $350. It is so ordered. ERVIN, BOYD and McCAIN, JJ., and SACK, Circuit Judge, concur. ROBERTS, C. J., and ADKINS, J., dissent. CARL…

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