AETNA CASUALTY & SURETY COMPANY v. SHIHADA

No. 66-391.

196 So.2d 14 (1967)

The AETNA CASUALTY & SURETY COMPANY, a Foreign Corporation, Appellant, v. Hasan SHIHADA, Sadat Uthman and Abdel H. Jode, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied March 21, 1967.


Attorney(s) appearing for the Case

Blackwell, Walker & Gray and James E. Tribble, Miami, for appellant.

Fuller & Brumer, Kenneth L. Ryskamp, Miami, for appellees.

Before HENDRY, C.J., and PEARSON and BARKDULL, JJ.


PEARSON, Judge.

The appellant was the garnishee in an action after judgment. The appellee, garnishor, was the plaintiff in the principal action. The appellant, an insurance company, appeals the final judgment in garnishment upon the ground that the evidence before the trial judge established as a matter of law that the insurance contract was violated by the tort-feasor's failure to co-operate.

The evidence relied upon in an attempt to establish that the findings...

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