CHERRY v. McCLELLAN

No. 70-171.

244 So.2d 168 (1971)

Jesse S. CHERRY, Appellant, v. William H. McCLELLAN, Appellee.

District Court of Appeal of Florida, Second District.

February 12, 1971.


Attorney(s) appearing for the Case

William W. Fernandez, of Law, Inc., and Malory B. Frier, Tampa, for appellant.

No appearance for appellee.


PER CURIAM.

Affirmed.

LILES, A.C.J., and McNULTY, J., concur.

MANN, J., dissents with opinion.

MANN, Judge (dissenting).

Appellant obtained a release from appellee on a form provided by the Financial Responsibility Division of the office of the State Treasurer and Insurance Commissioner. Later, appellee's insurance carrier, as subrogee, brought an action in his name seeking damages. Appellant did not answer, and judgment was entered...

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