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EVANS v. UNITED BENEFIT FIRE INS. CO. OF OMAHA, NEB.

No. 5626.

192 So.2d 87 (1966)

Robert W. EVANS, Appellant, v. UNITED BENEFIT FIRE INSURANCE COMPANY OF OMAHA, NEBRASKA, Appellee.

District Court of Appeal of Florida. Second District.

November 16, 1966.

Attorney(s) appearing for the Case

Leonard H. Gilbert, of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and William D. Roth, Asst. Atty. Gen., Lakeland, for Broward Williams, State Treasurer and ex Officio Ins. Commr. of State of Florida, as ancillary receiver of appellee.

HOBSON, Judge.

This is a timely appeal from a summary final judgment entered for the plaintiff-appellee, United Benefit Fire Insurance Company of Omaha, Nebraska, and against defendant-appellant, Robert W. Evans, in the amount of $174,199.44. The parties will be referred to as they appeared in the lower court.

The plaintiff filed its complaint alleging that the defendant on or about June 23, 1961, for a valuable consideration, gave the plaintiff a promissory...

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