THE HERITAGE CORPORATION OF SOUTH FLORIDA, A FLORIDA CORPORATION, PETITIONER,
v.
HERBERT MAGNES, RESPONDENT

Fla. | 1973-12-20
No. 44386
CARLTON, C. J., and ROBERTS, BOYD, McCAIN and DEKLE, JJ., concur.
288 So. 2d 259 Florida Supreme Court (1973) Positive Treatment
Cited by 4 cases

Opinion of the Court

Certiorari denied. 281 So. 2d 513.

CARLTON, C. J., and ROBERTS, BOYD, McCAIN and DEKLE, JJ., concur.


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  • Leasing Serv. Corp. v. Am. Motorists Ins. Co., 496 So. 2d 847 (Fla. 4th DCA 1986)
    …that the owner could state a cause of action as a third party beneficiary, we aligned ourselves with the Third District Court of Appeal’s decision in Schlehuber v Norfolk & Dedham Mutual Fire Insurance Co., 281 So. 2d 373 (Fla.3d DCA), cert. denied, 288 So. 2d 259 (Fla.1973), appeal after remand, 327 So. 2d 891 (Fla. 3d DCA 1976), which involved a similar situation. The case before us is stronger than either of the two aforementioned cases because here the third party beneficiary is named in the insurance pol…
  • Cmty. Bank OF Homestead v. Am. States Ins. Co., 524 So. 2d 1154 (Fla. 3d DCA 1988)
    …847 (Fla. 4th DCA 1986), review denied, 508 So. 2d 13 (Fla.1987); Ran Investments, Inc. v. Indiana Ins. Co., 379 So. 2d 991 (Fla. 4th DCA 1980); see Schlehuber v. Norfolk & Dedham Mut. Fire Ins. Co., 281 So. 2d 373, 375 (Fla. 3d DCA), cert. denied, 288 So. 2d 259 (Fla.1973). It was, therefore, error for [*1155] the trial court to render judgment before providing the bank with an opportunity to establish whether the facts regarding the airplane’s loss are such as to entitled it to coverage pursuant to the ter…

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