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PENINSULAR FIRE INSURANCE v. MAXWELL

No. Z-379.

326 So.2d 45 (1976)

PENINSULAR FIRE INSURANCE COMPANY, INC., Appellant (Defendant), v. Adrian J. MAXWELL, Appellee (Plaintiff).

District Court of Appeal of Florida, First District.

February 3, 1976.

Attorney(s) appearing for the Case

William A. Parsons, of Gosney, Haas, Cameron & Parsons, Daytona Beach, for appellant.

Thomas R. Hess, of Ossinsky & Krol, Daytona Beach, and Sutton G. Hilyard, Jr., Orlando, for appellee.

PER CURIAM.

Upon considering the briefs, the record, and oral argument, we find that the record fails to conclusively establish that there was no genuine triable issue of a material fact as to the first loss alleged in Count I of the Complaint, but we find that the record conclusively establishes the absence of any genuine triable issue of a material fact as to the second loss alleged in Count I of the Complaint.

Accordingly, the interlocutory appeal is granted...

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