Florida District Courts of Appeal, 1978

Southern Farm Bureau Casualty Insurance v. Fichera

Southern Farm Bureau Casualty Insurance v. Fichera
Florida District Courts of Appeal · Decided December 27, 1978 · Anstead, Cross, Dauksch
371 So. 2d 128; 1978 Fla. App. LEXIS 17304 (Southern Reporter, Second Series)

Southern Farm Bureau Casualty Insurance v. Fichera

Opinion of the Court

PER CURIAM.

Those portions of the Final Judgments which require payment by Southern Farm Bureau Casualty Insurance Company in excess of the amount allowed under Dewberry v. Auto-Owners Insurance Company, 363 So. 1077 (Fla. 1978) are reversed and this cause is remanded for entry of judgments in accordance with the dictates of that case.

REVERSED and REMANDED.

CROSS, ANSTEAD and DAUKSCH, JJ., concur.

070rehearing

ON PETITION FOR REHEARING

The parties have correctly pointed out we did not specifically rule upon a second issue *129on appeal which is not within the dictates of Dewberry v. Auto-Owners Insurance Company, 363 So.2d 1077 (Fla. 1978). We find no error in the trial court’s ruling which was the basis for the second point on appeal and affirm that on the authority of United States Fire Insurance Company v. Van Iderstyne, 347 So.2d 672 (Fla. 4th DCA 1977). We decline the request to certify the question resolved in this case, which is essentially the same question in United States Fire Insurance Company v. Van Iderstyne, supra.

CROSS, ANSTEAD and DAUKSCH, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.