NATIONWIDE MUTUAL INS. CO. v. LOWE

No. 76-2330.

347 So.2d 630 (1977)

NATIONWIDE MUTUAL INSURANCE COMPANY, Petitioner, v. Nereus F. (Pete) LOWE and Wanda Lowe, Respondents.

District Court of Appeal of Florida, Fourth District.

May 6, 1977.


Attorney(s) appearing for the Case

Edna L. Caruso, of Montgomery, Lytal, Reiter, Denney & Searcy, West Palm Beach, for petitioner.

M. Lanning Fox, of McRoberts & Warner, Chartered, Stuart, for respondents.


PER CURIAM.

Petition for Writ of Certiorari DENIED.

DOWNEY and LETTS, JJ., concur.

MAGER, C.J., dissents, with opinion.

MAGER, Chief Judge, dissenting:

Petitioner-defendant seeks to review by certiorari an order denying petitioner's motion to dismiss Count II of respondent-plaintiff's complaint.

A review of the appellate record reflects that the order sought to be reviewed constitutes a departure from the essential requirements...

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