DANIEL A. B. TUCKER, AS FATHER AND NEXT FRIEND OF KIM MARIE TUCKER, A MINOR, DECEASED, AND DANIEL A. B. TUCKER, INDIVIDUALLY, APPELLANTS,
v.
GOVERNMENT EMPLOYEES INSURANCE COMPANY, A FOREIGN CORPORATION, APPELLEE
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PER CURIAM.
Whereas, the judgment of this court was entered on March 20, 1973 (274 So. 2d 549) affirming the summary final judgment of the Circuit Court for 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 December 13, 1973 (288 So. 2d 238) 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Now, therefore, It is ordered that the mandate of this court heretofore issued in this cause on April 4, 1973 is withdrawn, the judgment of this court filed in this cause on March 20, 1973 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court and the summary final judgment appealed herein is reversed and the cause remanded to the circuit court for further proceedings not inconsistent with the opinion and judgment of the Supreme Court of Florida. Costs allowed shall be taxed in the trial court (Rule 3.16, subd. b, F.A.R., 32 F.S.A.).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Williams v. State, 297 So. 2d 838 (Fla. 1974)…Certiorari denied. 291 So. 2d 240. ADKINS, C. J., and ROBERTS, McCAIN, DEKLE and OVERTON, JJ., concur.…
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State Farm Mut. Auto. Ins. Co. v. Sinacola, 385 So. 2d 115 (Fla. 5th DCA 1980)…ies hereto do not contest stacking of the various coverages makes it unnecessary for this Court to trace and attempt to sort out the stacking of UMI coverage. See Tucker v. Government Employees Insurance Company, 288 So. 2d 238 (Fla.1974), on remand 291 So. 2d 240 (Fla. 3d DCA 1973), which gave rise to the concept of stacking. Here we deal not with the question of whether the policies stack but, assuming stacking, with whether the “other insurance” clause bars recovery. There is a definite split of authority…
Authorities Cited
- Tucker v. Gov't Emps. Ins. Co., 288 So. 2d 238 (Fla. 1973)
- Tucker v. Gov't Emps. Ins. Co., 274 So. 2d 549 (Fla. 3d DCA 1973)
- Pan-American Life Ins. Co. v. Fuentes, 274 So. 2d 549 (Fla. 4th DCA 1971)