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STATE EX REL. O'MALLEY v. MATTHEWS

No. 71-1309.

263 So.2d 255 (1972)

STATE of Florida ex rel. Thomas D. O'MALLEY, Jr., Insurance Commissioner and Treasurer As Substituted Ancillary Receiver of North American Guaranty Insurance Company, Appellant, v. Carey C. MATTHEWS and Philip J. Mandina, Co-Partners, Doing Business under the Firm Name of Matthews, Mandina & Lipsky, Appellees.

District Court of Appeal of Florida, Third District.

June 20, 1972.

Attorney(s) appearing for the Case

Guion T. DeLoach, Miami, for appellant.

Philip J. Mandina, Miami, for appellees.

Before PEARSON and CHARLES CARROLL, JJ., and HOWELL, CHARLES COOK, Jr., Associate Judge.

PER CURIAM.

Proceeding in the name of the State of Florida, the Insurance Commissioner and Treasurer, as ancillary receiver of North American Guaranty Insurance Company, filed an action against the appellees, seeking recovery of a sum of money representing payment of a fee for legal services, alleged to have been a preferential payment by the insurance company after it had been declared insolvent. Based on the pleadings...

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