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SOUTHEAST TITLE & INSURANCE COMPANY v. HASTINGS

Nos. 70-40 and 70-114.

239 So.2d 105 (1970)

SOUTHEAST TITLE AND INSURANCE COMPANY, Appellant, v. Russell W. HASTINGS, Juliana Hastings, Johanna Delburn and Anny A. Gleason, Jointly and Severally, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 18, 1970.

Attorney(s) appearing for the Case

James C. Paine, John R. Beranek and Paul C. Wolfe of Jones, Adams, Paine & Foster, West Palm Beach, for appellant.

Larry Klein of Cone, Wagner, Nugent, Johnson, McKeown & Dell, West Palm Beach, for appellees Hastings.

PER CURIAM.

Affirmed.

CROSS, C.J., and McCAIN, J., concur.

WALDEN, J., dissents, with opinion.

WALDEN, Judge (dissenting).

I am satisfied that from the record there are facts and inferences which point up genuine issues of material fact. This being so, summary judgment procedure was improperly employed and I would reverse. There was an issue as to whether the Rambler automobile in question...

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