SWANSON v. STATE FARM FIRE & CASUALTY

No. 75-907.

349 So.2d 202 (1977)

Daniel Lee SWANSON, a Minor, by His Next Friend, Frank Swanson, Donna Pauline Swanson and Frank Robert Swanson, Individually, Appellants, v. STATE FARM FIRE & CASUALTY CO., Etc., Gerald Lee Pinder, Dorothy Lee Pinder, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 15, 1977.


Attorney(s) appearing for the Case

Arthur J. Morburger, Weinstein & Bavly, P.A., Miami, and Carl M. Collier, Palm Beach, for appellants.

Thomas A. Hoadley, West Palm Beach, for appellees.


PER CURIAM.

Upon review and due consideration of the appellate issues we are of the opinion that the record on appeal reflects several errors, the totality of which warrant the granting of a new trial. In particular, admission into evidence of a Mary Carter agreement in a modified and excised form and later referred to by counsel as a "secret agreement" was prejudicial and contrary to the holdings in Imperial Elevator Co., Inc. v. Cohen, 311...

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