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433 So. 2d 54

Hernandez v. Aguiar

District Court of Appeal of Florida · decided 1983-06-21

Cited by 1 later decisions — most recently February 2000

1 state decisions

Relies on Hurt v. Leatherby Ins. Co. · 408 So. 2d 741 - Gonzalez v. Travelers Indem. Co. of RI

Good law ✅— No negative treatment on recordhow we know

Decided 1983-06-21

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JORGENSON, Judge,

¶1dissenting.

¶2I respectfully dissent. I would treat the trial court’s order granting summary judgment in favor of Cesario Aguiar as an order granting partial summary judgment to the extent that South Carolina Insurance Company has satisfied the obligation owed to its insured and would remand to the trial court for further proceedings in light of Hurt v. Leatherby Insurance Co., 380 So.2d 432 (Fla.1980); see Gonzalez v. Travelers Indemnity Co. of Rhode Island, 408 So.2d 741 (Fla. 3d DCA 1982).

¶3The broad language of the Florida Supreme Court in Hurtis sufficient in my view to accommodate the appellant in the case sub judice.

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