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WABASH LIFE INS. CO. OF INDIANAPOLIS v. ROSENBERG

No. 65-455.

189 So.2d 209 (1966)

WABASH LIFE INSURANCE COMPANY OF INDIANAPOLIS, Appellant, v. Blanche ROSENBERG, Herbert Schneider and Ruth Schneider, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied August 26, 1966.

Attorney(s) appearing for the Case

Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell and Joseph F. Jennings, Miami, for appellant.

Kessler, Massey & Beckerman, Coral Gables, for appellees.

Before HENDRY, C.J., SWANN, J., and DUKE, BYRD V., Jr., Associate Judge.

DUKE, BYRD V., Jr., Associate Judge.

This was an action by beneficiaries under a certain insurance binder receipt, to recover the amount of the policy. Plaintiff's motion for summary judgment was granted and summary judgment was entered against the defendant insurer for $25,000 on December 4, 1964, in the following language:

"Plaintiffs are granted judgment in the action and recover of and from the defendant the sum of Twenty Five Thousand ($25,000.00) Dollars...

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