WALTERS v. NATIONWIDE MUTUAL INSURANCE COMPANY

No. E-354.

161 So.2d 225 (1964)

George August WALTERS, Jr., Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY, an Ohio corporation, Appellee.

District Court of Appeal of Florida. First District.

Rehearing Denied March 17, 1964.


Attorney(s) appearing for the Case

Austin, Basford & Millar, Jacksonville, for appellant.

Howell, Kirby, Montgomery & Sands, Jacksonville, for appellee.


STURGIS, Chief Judge.

The appellant, plaintiff below, appeals from a judgment on the pleadings in favor of appellee, defendant below, entered on the pleadings pursuant to Rule 1.11, Florida Rules of Civil Procedure, 30 F.S.A. The judgment contains a finding, based exclusively on the pleadings, "that no cause of action exists in favor of the Plaintiff under the policy of insurance sued upon." We reverse.

The material and well-pleaded matters of fact supporting...

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