HOME FEDERAL SAVINGS & LOAN ASSOCIATION OF HOLLYWOOD, A U. S. OF AMERICA CORPORATION, APPELLANT,
v.
DOPPELT INDUSTRIES OF MIAMI, INC., APPELLEE

Fla. 3d DCA | 1978-04-11
Nos. 76-1959, 76-1960
Before HENDRY and KEHOE, JJ., and CHARLES CARROLL (Ret.), Associate Judge.
357 So. 2d 253 Florida District Court of Appeal, Third District (1978) Positive Treatment
Cited by 54 cases


Opinion of the Court
KEHOE, Judge.

KEHOE, Judge.

Appellant, plaintiff below, brings these consolidated appeals from a summary judgment dated September 24, 1976, entered by the trial court in favor of appellee Doppelt Industries of Miami, Inc., intervenor below. Appellant contends that genuine issues of material fact existed at the time of the granting of summary judgment by the trial court which, pursuant to the Florida Rules of Civil Procedure 1.510 precluded the proper entry of summary judgment. We agree; therefore, the summary judgment appealed is reversed.

After examining the various pleadings, depositions, and affidavits before the trial court at the time it granted the summary judgment, we have concluded that there existed a genuine issue of a material fact in regard to whether Larfran Realty Corp. owned or acquired an interest in certain personal property which would subject the property to appellant’s lien. Accordingly, the case is reversed and remanded for further proceedings not inconsistent with this opinion.

Reversed and remanded.


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  • Baron OIL Co. v. Nationwide Mut. Fire Ins. Co., 470 So. 2d 810 (Fla. 1st DCA 1985)
    …tire suit. State Farm Mutual Automobile Insurance Co. v. Universal Atlas Cement Co., 406 So. 2d 1184; Florida Farm Bureau Mutual Insurance Co. v. Rice, 393 So. 2d 552 (Fla. 1st DCA 1980); Tropical Park, Inc. v. United States Fidelity & Guaranty Co., 357 So. 2d 253 (Fla. 3d DCA 1978); Stevens v. Horne, 325 So. 2d 459 (Fla. 4th DCA 1976); Garden Sanctuary, Inc. v. Insurance Company of North America, 292 So. 2d 75 (Fla. 2d DCA 1974). Hence, the duty to defend continues even though it is ultimately determined tha…
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  • Grissom v. Commercial Union Ins. Co., 610 So. 2d 1299 (Fla. 1st DCA 1992)
    …denied, 413 So. 2d 877 (Fla.1982). If the complaint alleges facts partially within and partially outside the coverage of the policy, the insurer is obligated to defend the entire suit. Tropical Park, Inc. v. United States Fidelity and Guaranty Co., 357 So. 2d 253, 256 (Fla. 3d DCA1978). The duty to defend is separate and apart from the duty to indemnify and the insurer is required to defend the suit even if the true facts later show there is no coverage. Klaesen Bros., Inc. v. Harbor Ins. Co., 410 So. 2d 611…
  • …urance carrier. Where the terms of an insurance contract are susceptible of two reasonable constructions, that interpretation which will sustain coverage for the insured will be adopted. Tropical Park, Inc. v. United States Fidelity & Guaranty Co., 357 So. 2d 253, 256 (Fla. 3d DCA 1978) (emphasis added; citations omitted); accord, e.g., Bankers Life & Casualty Co. v. Vadra, 563 So. 2d 200, 201 (Fla. 3d DCA 1990); Shelby Mutual Ins. Co. v. Manchester, 376 So. 2d 266, 268 (Fla. 3d DCA 1979), cert. denied, 388…

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