FELICITA RUIZ, APPELLANT,
v.
THE MARSHALL WOLPER COMPANY AND MAX BAUER MEAT PACKING, INC., APPELLEES
FELICITA RUIZ, APPELLANT,
THE MARSHALL WOLPER COMPANY AND MAX BAUER MEAT PACKING, INC., APPELLEES
362 So. 2d 33
Florida District Court of Appeal, Third District (1978)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
In this appeal by the plaintiff from summary final judgment in favor of both defendants, in an action for negligent failure to change the beneficiary of a life insurance policy, we find that the defendants failed to carry their burden of showing conclusively that there was no genuine issue as to any material fact. Therefore, summary final judgment in favor of the defendants is reversed, and the cause is remanded to the trial court for further proceedings. Wills v. Sears Roebuck & Company, 351 So. 2d 29 (Fla.1977); Knipp v. Weinbaum, 351 So. 2d 1081 (Fla.3d DCA 1977).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McCLENDON v. State, 372 So. 2d 1161 (Fla. 1st DCA 1979)…w “single transaction” statute, Section 775.021(4), Florida Statutes (1977), have held that a defendant cannot be sentenced on lesser included offenses arising out of the same criminal transaction as the higher offense. See, e. g., Sellars v. State, 362 So. 2d 33 (Fla. 1st DCA 1978); Ennis v. State, 364 So. 2d 497 (Fla. 2d DCA 1978); Purvis v. State, 370 So. 2d 32 (Fla. 2d DCA 1978), Opinion filed 1979. In Brown v. State, 206 So. 2d 377, 383 (Fla.1968), the court held that larceny is necessarily included in…
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Cantrell v. State, 405 So. 2d 986 (Fla. 1st DCA 1981)…judge may order the sentences to be served concurrently or consecutively. This statute has been interpreted as prohibiting sentencing on lesser included offenses arising out of the same criminal transaction as the higher offense. Sellars v. State, 362 So. 2d 33 (Fla. 1st DCA 1978), cert. discharged, 377 So. 2d 24 (Fla.1979); McClendon v. State, 372 So. 2d 1161 (Fla. 1st DCA 1979); Purvis v. State, 370 So. 2d 32 (Fla. 2d DCA 1978). Although Section 775.021(4) might appear to authorize separate sentences her…
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State v. Sellars, 377 So. 2d 24 (Fla. 1979)…PER CURIAM. We hereby discharge our writ of certiora-ri granted in this cause. [Opinion below: 362 So. 2d 33] See White v. State, 377 So. 2d 1149 (Fla.1979); Gonzalez v. State, 367 So. 2d 1008 (Fla.1979); Johnson v. State, 366 So. 2d 418 (Fla.1978). It is so ordered. ADKINS, Acting C. J., and BOYD, SUNDBERG, ALDERMAN and MCDONALD, JJ., concur.…
Authorities Cited
- Wills v. Sears, 351 So. 2d 29 (Fla. 1977)
- Knipp v. Weinbaum, 351 So. 2d 1081 (Fla. 3d DCA 1977)