Florida District Courts of Appeal, 1980

Black v. Reserve Insurance

Florida District Courts of Appeal · Decided August 20, 1980 · Beranek, Glickstein, Simons, Stuart

388 So. 2d 248; 1980 Fla. App. LEXIS 16972 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

This is an appeal from adverse summary judgments by the plaintiff in a wrongful death action brought under Section 768.28, Florida Statutes (1975). We reverse and remand for further proceedings in light of Commercial Carrier Corporation v. Indian River County, 371 So.2d 1010 (Fla. 1979). *249The trial court erroneously applied the Modlin1 doctrine, which Commercial Carrier Corporation v. Indian River County, supra, overruled.

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.

BERANEK and GLICKSTEIN, JJ., and SIMONS, STUART M., Associate Judge, concur.

. Modlin v. City of Miami Beach, 201 So.2d 70 (Fla. 1967).

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