Birch v. Shelby Mutual Insurance Co. of Shelby

Supreme Court of Florida September 20, 1967

Birch v. Shelby Mutual Insurance Co. of Shelby, 202 So. 2d 561 (Fla. 1967)

1967 Fla. LEXIS 3392

Caldwell, Con, Drew, Ervin, Nell, Roberts, Thomas, Thornal

Opinion of the Court

PER CURIAM.

The decision of the District Court of Appeal, Fourth District, in this cause has been certified to this court as one passing upon a question of great public interest. The decision certified to us is reported at 196 So.2d 482.

In the decision under review the trial court was reversed on authority of DeCespedes v. Prudence Mutual Casualty Company, Fla.App.1966, 193 So.2d 224, a decision of the District Court of Appeal, *562Third District. Both cases decide the identical question.

The decision of the district court in DeCespedes has also been certified to us for review, and we have this day entered our decision approving it, Fla. 202 So.2d 561.

Accordingly, the decision of the district court in this cause is also approved.

It is so ordered.

CALDWELL, C. J., and THOMAS, ROBERTS, THORNAL and O’CON-NELL, JJ., concur. DREW, J., dissents with opinion. ERVIN, J., dissents and agrees with DREW, J.

Dissenting Opinion

DREW, Justice

(dissenting):

I agree with the dissenting opinion of Andrews, J., in District Court of Appeal.

ERVIN, J., concurs.

Reference

Full Case Name: Blanche BIRCH and her husband, Colbia Alvin Birch v. The SHELBY MUTUAL INSURANCE COMPANY OF SHELBY, OHIO, a corporation
Cited By: 2 cases
Status: Published