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ALLSTATE INS. CO. v. ANDERSON

No. 77-762.

360 So.2d 473 (1978)

ALLSTATE INSURANCE COMPANY, Appellant, v. John ANDERSON et al., Appellee.

District Court of Appeal of Florida, Third District.

July 11, 1978.

Attorney(s) appearing for the Case

Spencer & Taylor and W. Thomas Spencer, Miami, for appellant.

Phyllis O. Douglas, Miami, for appellee.

Before PEARSON and HUBBART, JJ., and CRAWFORD, GRADY L. (Ret.), Associate Judge.

HUBBART, Judge.

By this appeal we are asked to review the propriety of an order granting a motion to dismiss a declaratory judgment action filed in the Circuit Court for the Eleventh Judicial Circuit of Florida. We affirm the order appealed from with two modifications: (1) the dismissal herein, to the extent that it was made with prejudice, is stricken; and (2) the order declaring the rights of the parties is stricken. In our view, the complaint as presently framed...

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