Supreme Court of Florida, 1986

Bender v. First Fidelity Savings & Loan Ass'n of Winter Park

Supreme Court of Florida · Decided July 17, 1986 · Adkins, Boyd, Ehrlich, McDonald, Overton, Shaw

491 So. 2d 276; 11 Fla. L. Weekly 357; 1986 Fla. LEXIS 2347 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

We have for review Bender v. First Fidelity Savings and Loan Association of Winter Park, 463 So.2d 445 (Fla. 4th DCA 1985). The opinion is in conflict with Miller v. Fortune Insurance Co., 453 So.2d 489 (Fla. 2d DCA 1984). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

Based on our decision in Miller v. Fortune Insurance Co., 484 So.2d 1221 (Fla. 1986), we approve the decision of the court below.

It is so ordered.

MCDONALD, C.J., and ADKINS, BOYD, EHRLICH and SHAW, JJ., concur. OVERTON, J., dissents with an opinion.

Dissenting Opinion

OVERTON, Justice,

dissenting.

I dissent for the reasons expressed in iriy dissent in Miller v. Fortune Insurance Co., 484 So.2d 1221 (Fla. 1986).

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