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CROWN LIFE INSURANCE CO. v. LUZARRAGA Y GARAY

No. 61-457.

141 So.2d 633 (1962)

CROWN LIFE INSURANCE COMPANY, APPELLANT, v. RAMON LUZARRAGA Y GARAY, APPELLEE.

District Court of Appeal of Florida, Third District.

March 12, 1962.

Attorney(s) appearing for the Case

Shutts, Bowen, Simmons, Prevatt & Boureau and J. Cotton Howell, Miami, for appellant.

Aronovitz, Silver & Scher, Miami, for appellee.

Before PEARSON, TILLMAN, C.J., and HORTON and BARKDULL, JJ.

PEARSON, TILLMAN, Chief Judge.

The defendant-insurance company brings this interlocutory appeal from an order denying its motion to dismiss plaintiff-policyholder's complaint. The policyholder seeks a declaratory decree in equity in order to establish his right to the cash surrender value of the policy. The insurance company contends that its motion to dismiss the complaint should have been granted because (1) the court has no jurisdiction over the subject matter...

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