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SPINDLER v. KUSHNER

No. 73-170.

284 So.2d 481 (1973)

Robert G. SPINDLER and Raquel Spindler, His Wife, Appellants, v. Mildred KUSHNER and Allstate Insurance Company, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 20, 1973.

Attorney(s) appearing for the Case

Walton, Lantaff, Schroeder, Carson & Wahl, Fort Lauderdale, and Michael R. Jenks, Miami, for appellants.

Theobald H. Engelhardt, Jr., and Robert Golden, Miami, for appellees.

Before PEARSON, HENDRY and HAVERFIELD, JJ.

PEARSON, Judge.

The appellants Spindler sought to bring a counterclaim against the appellee, Allstate Insurance Company. The theory of the counterclaim assumed that the Spindlers were third party beneficiaries and as such were entitled to enforce a fire insurance policy. The counterclaim was dismissed and this appeal is from that order. The principal issue is whether the rationale of Shingleton v. Bussey, Fla. 1969, 223 So.2d 713

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