Florida District Courts of Appeal, 1976

Milling v. State Farm Fire & Casualty Co.

Florida District Courts of Appeal · Decided June 17, 1976 · No. Z-455 · Boyer, McCord, Mills

333 So. 2d 511; 1976 Fla. App. LEXIS 15163 (Southern Reporter, Second Series)

Cases that cite this one

4 later published cases cite this decision.

Stordahl v. Government Employees Insurance Co. (Alaska 1977)
State Farm Mutual Automobile Insurance v. Cummings (Kan. Ct. App. 1989)
Price v. Government Employees Insurance (District Court, D. South Carolina 1978)
Lion Insurance Co. of New York v. Clark ex rel. Clark (Fla. Dist. Ct. App. 1977)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Concurring Opinion

BOYER, Chief Judge

(concurring specially) .

The issue presented by this appeal is identical to that presented to this Court in *512Gordon v. Phoenix Insurance Company, Fla.App. 1st, 1970, 242 So.2d 485 and to our sister court of the Third District in Allstate Insurance Company v. Chastain, Fla.App. 3rd, 1971, 251 So.2d 354, cert. den. Sup.Ct.Fla.1972, 263 So.2d 578. The decisions of another District Court of Appeal are not binding on this Court when we have made a prior decision on the same point. (Weedman v. Sunland Roller Rink, Inc., Fla.App. 3rd, 1975, 323 So.2d 688). Accordingly, although I am of the view that the decision reached by our sister court in Allstate Insurance Company v. Chastain, supra, is the better rule of law, in the interest of stare decisis and stability of the law in a single district, I concur in affirmance of the order of the learned trial judge here appealed, who also relied upon and cited Gordon v. Phoenix Insurance Company, supra.

Opinion of the Court

BY THE COURT.

Upon considering the briefs, the record and oral argument, the judgment is affirmed on authority of Gordon v. Phoenix Insurance Company, 242 So.2d 485 (Fla.App. 1st, 1970).

MILLS and McCORD, JJ., concur. BOYER, C. J., concurs specially.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.