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SHELBY MUTUAL INS. CO. OF SHELBY, OHIO v. BIRCH

No. 350.

196 So.2d 482 (1967)

The SHELBY MUTUAL INSURANCE COMPANY OF SHELBY, OHIO, a Corporation, Appellant, v. Blanche BIRCH and Her Husband, Colbia Alvin Birch, Appellees.

District Court of Appeal of Florida. Fourth District.

March 17, 1967.

Attorney(s) appearing for the Case

Edward A. Perse, of Carey, Terry, Dwyer, Austin, Cole & Stephens, Miami, for appellant.

Robert Orseck, of Podhurst & Orseck, Miami, and Ray Ferrero, Jr., of Ferrero and Middlebrooks, Fort Lauderdale, for appellees.

ELMORE, FRANK H., Associate Judge.

The decision of our sister Court of Appeal for the Third District in DeCespedes v. Prudence Mutual Casualty Company, Fla. App. 1966, 193 So.2d 224, appears to control the decision of this case. We reverse on the authority of that case.

Reversed.

WALDEN, C.J., concurs.

ANDREWS, J., dissents with opinion

ANDREWS, Judge (dissenting).

I respectfully dissent from...

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