UNDERWRITERS INSURANCE CO. v. SISUNG

No. 64-870.

174 So.2d 461 (1965)

UNDERWRITERS INSURANCE COMPANY, Appellant, v. Margaret SISUNG and William H. Groner, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied May 11, 1965.


Attorney(s) appearing for the Case

George J. Baya, Miami, for appellant.

Bolles & Goodwin, Kenneth L. Ryskamp, Miami, and Shorenstein & Lewis, Miami Beach, for appellees.

Before CARROLL, HENDRY and SWANN, JJ.


SWANN, Judge.

This is an appeal by the defendant, Underwriters Insurance Company, from a summary final judgment entered by the lower court for the plaintiffs.

The plaintiffs moved for a summary judgment, based on the pleadings, affidavits and depositions on file.

The defendant did not file an affidavit in opposition thereto; but had alleged certain affirmative defenses in its answer. It is admitted that the affidavit of the plaintiffs did not contradict...

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