PUBLIC HEALTH TRUST OF DADE CTY. v. Prudential Ins. Co.
Cases that cite this one
5 later published cases cite this decision.
- Southpoint Condominium Association, Inc. v. Lexington Insurance Company (United States District Court for the Southern District of Florida 2020)
- ROYAL BAHAMIAN ASS'N, INC. v. QBE Ins. Corp. (United States District Court for the Southern District of Florida 2010)
- Marholin v. Kaye (Fla. Dist. Ct. App. 1987)
- Browd v. Capital Associates, Inc. (Fla. Dist. Ct. App. 1986)
- Milgrom v. International Bank of Miami (Fla. Dist. Ct. App. 1983)
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.
Opinion
PUBLIC HEALTH TRUST OF DADE COUNTY, Florida, an Agency and Instrumentality of Dade County, Florida, Which Operates Jackson Memorial Hospital, Appellants,
v.
PRUDENTIAL INSURANCE COMPANY, Shirley J. Miller, Mil Air and Heat, Inc., Appellees.
District Court of Appeal of Florida, Third District.
*897 Hayt, Hayt & Landau and Alan M. Fisher, Kenneth E. Cohen, Miami, for appellants.
Lane, Mitchell & Harris and C. Robert Murray, Jr., Miami, for appellees.
Before SCHWARTZ, DANIEL S. PEARSON and JORGENSON, JJ.
PER CURIAM.
We reverse the final order granting summary judgment in favor of Prudential Insurance Company upon a holding that there did exist material issues of fact for jury consideration. Travelers Insurance Company v. Zimmerman, 309 So.2d 569 (Fla. 3d DCA 1975).
The affirmative defense of fraud is usually considered a jury question and is not ordinarily appropriate for summary judgment proceedings. Hermes v. Anton, 300 So.2d 46 (Fla. 3d DCA 1974); Automobile Sales, Inc. v. Federated Mutual Implement and Hardware Insurance Company, 256 So.2d 386 (Fla. 3d DCA 1972).
Reversed and remanded for further proceedings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.