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HENIGSON v. DAVIS

Nos. 73-289, 73-312, 73-332 and 73-335.

305 So.2d 86 (1974)

David HENIGSON et al., Appellants, v. James Marion DAVIS et al., Appellees. Susan Berkowitz, Surviving Natural Mother of Roseanne Berkowitz, a Deceased Minor, Appellant, v. James Marion Davis et al., Appellees. Paul Smith, Individually and/or D/B/a Aaa Smith Plumbing Company, Appellant, v. David Henigson et al., Appellees. Paul Smith, Individually and/or D/B/a Aaa Smith Plumbing Company, Appellant, v. Susan Berkowitz, Surviving Natural Mother of Roseanne Berkowitz, a Deceased Minor, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 9, 1975.

Attorney(s) appearing for the Case

Edward A. Perse, Horton & Perse, and Arnold R. Ginsberg, Sams, Anderson, Alper, Spencer & Post, Miami, for appellants — David and Marsha Henigson, individually, and as surviving natural parents of Philip Henigson, and Lori Henigson, a minor, by and through her father and next friend, David Henigson; and Susan Berkowitz, surviving natural mother of Roseanne Berkowitz, a deceased minor.

Burton E. Burdick, Burdick & Donahoe, Fort Lauderdale, for appellant Paul Smith, individually and/or d/b/a AAA Smith Plumbing Co.

Edna L. Caruso, Howell, Kirby, Montgomery, D'Aiuto, Dean & Hallowes, West Palm Beach, for appellee Travelers Indemnity Co.

Rehearing Denied January 9, 1975 in Nos. 73-289 and 73-312.

MOUNTS, MARVIN U., Associate Judge.

These consolidated appeals followed a ruling by the trial court that an automobile insurance policy issued to the defendant Paul Smith provides no coverage for his possible liability arising from an accident involving a vehicle which he neither owned nor operated.

Smith employed C. Carlton Hayes and James Davis...

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