SMITH v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO.

No. 38579.

231 So.2d 193 (1970)

Louis K. SMITH and Catherine Y. Smith, Petitioners, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a Foreign Insurance Company Authorized to Do Business in Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied February 23, 1970.


Attorney(s) appearing for the Case

Peter S. Schwedock, Miami, for petitioners.

Gary S. Barber of Fleming, O'Bryan & Fleming, Ft. Lauderdale, for respondent.


DREW, Justice.

We agree with both petitioner and respondent that, there being no dispute as to the facts, the decision of the district court1 returning the case to the trial court to "determine the question of what was the proximate cause of the loss suffered by the Smiths" was in direct conflict with Paddock v. Bay Concrete Industries, Inc.,2 Russell & Axon v. Handshoe,3 Automatic...

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