DADE CTY. BD. OF PUB. INSTR v. FOSTER

No. 74-700.

307 So.2d 502 (1975)

DADE COUNTY BOARD OF PUBLIC INSTRUCTION and the Continental Insurance Company, Appellants, v. Louis Leon FOSTER, Appellee.

District Court of Appeal of Florida, Third District.

February 4, 1975.


Attorney(s) appearing for the Case

Stephens, Magill, Thornton & Sevier, Miami, for appellants.

Martin S. Forman and Mark J. Feldman, Miami, for appellee.

Before BARKDULL, C.J., and PEARSON and HENDRY, JJ.


PER CURIAM.

In the final judgment appealed herein, the trial judge concluded that the appellee was an omnibus insured under an insurance policy issued to the Dade County Board of Public Instruction. Said judgment recites that this determination was made after "evidence having been taken in the cause".

The policy was ambiguous. The trial judge indicated he received evidence, yet no such evidence was presented in the record on appeal. We therefore affirm.

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