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STATE EX REL. AMERICAN HOME INS. CO. v. SEAY

No. 77-1755.

355 So.2d 822 (1978)

STATE ex rel. AMERICAN HOME INSURANCE COMPANY, Relator, v. Honorable Russell E. SEAY, Jr., Judge of the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 23, 1978.

Attorney(s) appearing for the Case

R. Benjamin Reid and Carol A. Fenello of Bradford, Williams, McKay, Kimbrell, Hamann & Jennings, P.A., Miami, for relator.

Ronald FitzGerald of Fleming, O'Bryan & Fleming, Fort Lauderdale, for respondent, Thomas Garchar.

Jackson L. Peters of Knight, Peters, Pickle, Niemoeller & Flynn, Miami, and Richard H.W. Maloy of Richard H.W. Maloy & Associates, Coral Gables, for respondent, Seay, and the City of Tamarac.

DOWNEY, Judge.

Thomas Garchar recovered a judgment for $3,500,000.00 against the City of Tamarac arising out of a suit for personal injuries. The City was insured by American Home Insurance Company, a named defendant in the trial court.

It appears that American Home moved the trial court to enter judgment against it in an amount not exceeding the policy limits.1 Thereafter, the City of Tamarac filed a notice of appeal to review...

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