DOROTHY ANDERSON DETHORNE, PLAINTIFF,
v.
NANCY DENNENO BECK ET AL., DEFENDANTS
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Pursuant to Rule 4.6, F.A.R., 32 F.S.A., the following question has been certified to this Court:
“Is a station wagon that is not used as public livery conveyance for passengers, but is used primarily in the business of the insured a ‘motor vehicle’ as defined by Section 627.732, Florida Statutes?”
Based upon our reading of F.S. Section 627.732(1), F.S.A., and giving the language of that statute its intended meaning, we conclude that a station wagon that is not used as public livery conveyance for passengers but is used primarily in the business of the insured, is a motor vehicle, as defined by Section 627.732, supra. Art *449Berman Concrete Co. v. Sey Construction Corp., Fla.App.1971, 247 So.2d 791; Johnson v. Presbyterian Homes of Synod of Fla., Inc., Fla. 1970, 239 So.2d 256. Any administrative rule promulgated in furtherance of said statute must be consistent with the provisions thereof. 1 Fla.Jur., Administrative Law, Sec. 92.
The certified question is answered in the affirmative.
WALDEN, OWEN and MAGER, JJ„ concur.
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State v. Ins. Servs. Off., 434 So. 2d 908 (Fla. 1st DCA 1983)…ety, 382 So. 2d 1280 (Fla. 1st DCA 1980); Seitz v. Duval County School Board, 366 So. 2d 119, 121 (Fla. 1st DCA 1979); State, Department of Transportation v. Pan American Construction Co., 338 So. 2d 1291, 1293 (Fla. 1st DCA 1976); DeThorne v. Beck, 280 So. 2d 448, 449 (Fla. 4th DCA 1973); and Florida Growers Coop Transport v. Department of Revenue, 273 So. 2d 142, 144 (Fla. 1st DCA 1973). The next statute cited in the rule provides more guidance. Section 626.9611, Florida Statutes (1979), provides in part t…
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Deel Motors, Inc. v. Carrington, 305 So. 2d 811 (Fla. 3d DCA 1974)…” until it becomes registered and licensed. Under this theory, the vehicle is used primarily in the business of the insured and is therefore exempt from Fla. Stat. § 627.732(1). It is unnecessary for us to deal with this issue, see DeThorne v. Beck, 280 So. 2d 448 (4th DCA Fla.). (A station wagon not used as a public livery conveyance for passengers but used primarily in the business of the insured is a “motor vehicle” as defined in Fla.Stat. § 627.732(1)). There has been no allegation by plaintiff that the m…
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Century Ins. Co. OF NEW York v. Fillmore, 306 So. 2d 548 (Fla. 3d DCA 1974)…summary judgment appealed herein. We affirm. The issue turns on the definition of “motor vehicle” in § 627.732(1), Fla.Stat. [*549] The trial judge correctly held the vehicle involved was within the definition. See: DeThorne v. Beck, Fla.App.1973, 280 So. 2d 448. In a pedestrian case, such as this, where the action is against the plaintiff-appellee’s insurance carrier for personal injury protection benefits, such an interpretation is the only reasonable one. For purposes of being entitled to these benefits…
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- Johnson v. Presbyterian Homes OF the Synod OF Fla., Inc., 239 So. 2d 256 (Fla. 1970)
- ART Berman Concrete, Inc. v. SEY Constr. Corp., 247 So. 2d 791 (Fla. 3d DCA 1971)