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SMITH v. STATE FARM MUTUAL AUTOMOBILE INS. CO.

No. 68-699.

220 So.2d 389 (1969)

Louis K. SMITH and Catherin Y. Smith, Individually and As Man and Wife, Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a Foreign Insurance Company Authorized to Do Business in Florida, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied April 10, 1969.

Attorney(s) appearing for the Case

Howard N. Pelzner, Miami, for appellants.

Fleming, O'Bryan & Fleming and Gary S. Barber, Ft. Lauderdale, for appellee.

Before CHARLES CARROLL, C.J., SWANN, J., and McDONALD, PARKER LEE, Associate Judge.

SWANN, Judge.

This appeal is by the plaintiffs and is from a final judgment for the defendants based on an order which granted their motion to dismiss the plaintiffs' complaint.

The Smiths, plaintiffs below, were bona fide purchasers for value of a 1965 Cadillac automobile.

The defendants, State Farm Mutual Automobile Insurance Company, issued a policy of insurance on the car insuring the Smiths against loss by theft. The car was stolen from them whereupon...

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