SOUTHERN AMERICAN FIRE INSURANCE COMPANY v. PONTIAC HOLDING COMPANY

No. 65-667.

190 So.2d 813 (1966)

SOUTHERN AMERICAN FIRE INSURANCE COMPANY, Appellant, v. PONTIAC HOLDING COMPANY, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied November 1, 1966.


Attorney(s) appearing for the Case

Hartnett & Gillman, Miami, for appellant.

Frank E. Freeman, Miami, for appellee.

Before PEARSON, BARKDULL and SWANN, JJ.


SWANN, Judge.

The question raised by this appeal involves the old version of Rule 1.35, Florida Rules of Civil Procedure, 30 F.S.A. as it existed prior to January 1, 1966. The trial court entered an order granting the plaintiff a voluntary non-suit without prejudice, while the defendant's motion for a summary judgment was pending before it and the defendant now appeals. Reversed and remanded.

The plaintiff, Pontiac...

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