ATLANTIC AMBULANCE & CONVAL. SERV., INC. v. ASBURY

Nos. 74-1706 and 74-1751.

330 So.2d 477 (1975)

ATLANTIC AMBULANCE AND CONVALESCENT SERVICE, INC., and Travelers Insurance Company, Appellants, v. Geraldine ASBURY et al., Appellees.

District Court of Appeal of Florida, Fourth District.

November 14, 1975.


Attorney(s) appearing for the Case

Edna L. Caruso, West Palm Beach, William D. Thompson, Howell, Kirby, Montgomery, D'Aiuto & Dean, Fort Lauderdale, for appellants.

Robert Orseck, Podhurst, Orseck & Parks, P.A., Miami, and Ferrero, Middlebrooks & Houston, Fort Lauderdale, for appellees Asbury.

Nancy Little Hoffmann, Druck, Grimmett, Norman, Weaver & Scherer, Fort Lauderdale, for appellees State Farm and Goldman.


MAGER, Judge.

Upon a review of the record we are of the opinion that no reversible error is reflected in the trial court's denial of Atlantic Ambulance and Travelers' (defendants-appellants) motions for a new trial.

We are satisfied that the limitation-of-liability agreement between defendant State Farm and plaintiff Asbury (appellees herein) did not exist prior to or during trial so as to be characterized as a "Mary Carter" agreement subject to discovery...

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