GRANT-SHOLK CONSTRUCTION COMPANY, INC., AND COSMOPOLITAN MUTUAL INSURANCE COMPANY, APPELLANTS,
v.
TOMMIE MOORE, APPELLEE
PER CURIAM.
Whereas, the judgment of this court was entered on January 8, 1973 (272 So. 2d 224) affirming the final judgment of the Circuit Court of Dade County, Florida, in the above styled cause; and Whereas, on review of this court’s judgment by certiorari, the Supreme Court of Florida, by its opinion and judgment filed July 31, 1973 (282 So. 2d 634) and mandate now lodged in this court, quashed this court’s judgment and remanded the cause for further proceedings;
Now, therefore, it is Ordered that the mandate of this court issued in this cause on January 24, 1973 is withdrawn, the judgment of this court in this cause filed January 8, 1973 is withdrawn, the said opinion and judgment of this court and the rule nisi and final judgment of the circuit court are vacated and reversed, and the cause is remanded to the circuit court for further proceedings not inconsistent with the said opinion and judgment of the Supreme Court of Florida. Costs allowed shall be styled in the trial court (Rule 3.16, sudb. b, F.A.R. 32 F.S.A.).
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Ideal Mut. Ins. Co. v. C. D. I. Constr., Inc., 640 F.2d 654 (5th Cir. 1981)…ge for the insured, the application controls. Appellants neglect to make clear, however, that this is true only where the insured demonstrates reliance upon the application, Mathews v. Ranger Ins. Co., 281 So. 2d 345 (Fla.1973), mandate conformed to 284 So. 2d 711, and here no reliance was shown. C.D.I. received the policy well before the crash. Moreover, appellants failed to introduce the application into evidence so it was not before the trial court. We therefore reject this argument.…
Authorities Cited
- Grant-Sholk Constr. Co., Inc. v. Moore, 282 So. 2d 634 (Fla. 1973)
- Bever v. State, 272 So. 2d 224 (Fla. 3d DCA 1973)
- Emmett Bruce Gantt v. Bennett, 272 So. 2d 224 (Fla. 3d DCA 1973)