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DEMSHAR v. AAACON AUTO TRANSPORT, INC.

No. 47551.

337 So.2d 963 (1976)

Joseph DEMSHAR, Sr., and Liberty Mutual Fire Insurance Company, a Foreign Corporation Doing Business in Florida, Petitioners, v. AAACon AUTO TRANSPORT, INC., for the Use and Benefit of Aetna Casualty & Surety Company, a Foreign Corporation Doing Business in Florida, Respondent.

Supreme Court of Florida.

September 23, 1976.

Attorney(s) appearing for the Case

Frank E. Maloney, Jr., of Fleming, O'Bryan & Fleming, Fort Lauderdale, for petitioners.

Edna L. Caruso of Howell, Kirby, Montgomery, D'Aiuto & Dean, West Palm Beach, for respondent.

SUNDBERG, Justice.

This case is here on petition for writ of certiorari to the District Court of Appeal, Fourth District. We have jurisdiction under Article V, Section 3(b)(3), Florida Constitution.

The facts and applicable conclusions of law in this case are well expressed in the opinion of the District Court of Appeal, which we adopt in its entirety:

"OWEN, Chief Judge. "Essentially, this suit is between two automobile liability insurance...

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