Florida District Courts of Appeal, 1989

Thurman v. Allstate Indemnity Co.

Florida District Courts of Appeal · Decided June 15, 1989 · Daniel, Dauksch, Goshorn

544 So. 2d 346; 14 Fla. L. Weekly 1458; 1989 Fla. App. LEXIS 3388; 1989 WL 63382 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

AFFIRMED.

DAUKSCH and DANIEL, JJ., concur. GOSHORN, J., concurs specially with opinion.

Concurring Opinion

GOSHORN, Judge,

concurring specially.

I concur because the parties stipulated that this case could be decided by summary judgment even though certain material facts were in dispute. The trial judge, therefore, was free to chose which disputed fact to believe and which to disbelieve. Under these circumstances, we must affirm the trial court.

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