TOBIN v. IOWA HOME MUTUAL CASUALTY COMPANY

No. 67-347.

209 So.2d 485 (1968)

Charles S. TOBIN and David L. Tobin, Appellants, v. IOWA HOME MUTUAL CASUALTY COMPANY, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied May 14, 1968.


Attorney(s) appearing for the Case

Joseph Pardo, Miami, for appellants.

Blackwell, Walker & Gray and Melvin T. Boyd, Miami, for appellee.

Before CHARLES CARROLL, C.J., and PEARSON and HENDRY, JJ.


PER CURIAM.

Trial of this cause without a jury resulted in a judgment for $60,151.37 against the appellants Underwriters Management Corporation and Charles S. Tobin and David L. Tobin. The basis for judgment against the individuals was as guarantors.

Thereafter the trial court vacated the judgment as to the individuals, and granted them a new trial with provision that "the issue of whether the guaranty was a general or special Guaranty shall be set for trial...

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