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172 So. 2d 242

Clemons v. Clark

District Court of Appeal of Florida

Decided February 23, 1965

District Court of Appeal of Florida · decided 1965-02-23

Cited by 1 later decisions — most recently August 1972

1 state decisions

Relies on 150 So. 2d 433 - Rosenthal v. Scott · 132 So. 2d 460 - Finley P. Smith, Inc. v. Schectman

Good law ✅— No negative treatment on recordhow we know

Decided 1965-02-23

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PER CURIAM.

¶1Plaintiff sued the defendant claiming damages for personal injuries received in an automobile collision. The action was instituted after she had signed a release for the property damage she had suffered. The defendant contends that there was a splitting of causes of action. The trial court properly struck this defense. Rosenthal v. Scott, Fla. 1963, 150 So.2d 433.

¶2The plaintiff had received $650.00 from her insurance carrier for her personal injuries because the defendant was uninsured. In the suit against the uninsured motorist to recover for personal injuries, the defendant contended that plaintiff’s recovery should be limited to that amount. This contention was properly denied by the trial court. Finley P. Smith, Inc. v. Schectman, Fla.App.1961, 132 So.2d 460.

¶3No reversible error having been made to appear, the judgment appealed is affirmed.

¶4Affirmed.

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