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FRANK v. STATE FARM MUTUAL AUTOMOBILE INS. CO.

No. 58-350.

109 So.2d 594 (1959)

Robert R. FRANK, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied March 25, 1959.

Attorney(s) appearing for the Case

Peter Strelkow, Miami, for appellant.

Walton, Lantaff, Schroeder, Atkins, Carson & Wahl, Miami, for appellee.

HORTON, Acting Chief Judge.

The appellant, plaintiff below, appeals from a final judgment entered consequent upon the granting of appellee's motion to dismiss. The motion to dismiss was premised upon the ground that the complaint failed to state a cause of action and the final judgment was entered after the motion to dismiss was granted with leave to amend, upon the appellant's election not to amend.

The appellant sued upon an automobile insurance policy issued...

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