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KRATZ v. NEWSOM

No. 70-652.

251 So.2d 539 (1971)

Gustav KRATZ and Grange Mutual Casualty Company, a Foreign Corporation, Appellants, v. Garry V. NEWSOM, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 10, 1971.

Attorney(s) appearing for the Case

Harrison, Greene, Mann, Davenport, Rowe & Stanton, St. Petersburg, for appellants.

Tanney & Forde, Clearwater, for appellee.

MANN, Judge.

We are split 2-2-1. There would ordinarily be no need for a third opinion on the same question, but the prior opinions1 of this court in two cases like this, in which the trial judge has declined to sever an insurance company from trial, are in conflict. It is then apparent that the result in such a case is that its outcome on appeal depends on the random choice of the panel before which it is heard. My view is that these...

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