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SMITH v. UNITED SERVICES AUTOMOBILE ASSOCIATION

No. O-407.

259 So.2d 501 (1972)

Geraldine SMITH and Edward Cleveland Smith, Appellants, v. UNITED SERVICES AUTOMOBILE ASSOCIATION and Phyllis Diane Whalen, Appellees.

District Court of Appeal of Florida, First District.

March 28, 1972.

Attorney(s) appearing for the Case

Dale E. Rice, of Campbell & Rice, Crestview, for appellants.

Charles R. Timmel, of Timmel, Handley & Campbell, Fort Walton Beach, for appellees.

CARROLL, DONALD R., Acting Chief Judge.

The plaintiffs in an automobile negligence action have appealed from an order entered by the Circuit Court for Okaloosa County granting the defendants' motion to dismiss the complaint as to the defendant insurer.

The sole question presented for our determination in this appeal is whether the said court committed error in dismissing the complaint as to the defendant insurer upon the basis of res judicata or estoppel by...

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