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MILLER v. BENNETT

No. 48694.

339 So.2d 653 (1976)

Charles E. MILLER, Etc., Petitioner, v. Earle BENNETT, Etc., et al., Respondents.

Supreme Court of Florida.

November 18, 1976.

Attorney(s) appearing for the Case

Robert L. Cowles, of Cowles, Coker & Myers, Jacksonville, for petitioner.

Marion R. Shepard, of Mathews, Osborne, Ehrlich, McNatt, Gobelman & Cobb, Jacksonville, for respondents.

BOYD, Judge.

We issued a writ of certiorari because the decision of the District Court of Appeal, First District, reported at 323 So.2d 710 conflicted with other decisions of Florida appellate courts. In the meantime we rendered an opinion in Hanley v. Liberty Mutual Ins. Co., 334 So.2d 11 (Fla. 1976), which disposes of the issue in this case in favor of the District Court decision.

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