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INDUS. FIRE & CASUALTY INS. v. HAWKESWORTH

No. 78-981.

367 So.2d 648 (1979)

INDUSTRIAL FIRE & CASUALTY INSURANCE COMPANY, Appellant, v. J. Arthur HAWKESWORTH, Jr., and E. James Schmick, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 5, 1979.

Attorney(s) appearing for the Case

Goodhart & Rosner, Greene & Cooper, Miami, for appellant.

Horton, Perse & Ginsberg, Miami, for appellees.

Before PEARSON, BARKDULL and HUBBART, JJ.

PER CURIAM.

Affirmed. See Guaranty Life Insurance Co. v. Hall Bros. Press, Inc., 138 Fla. 176, 189 So. 243 (1939); Dutch Inns of America, Inc. v. Jenkins, 301 So.2d 119 (Fla. 3d DCA 1974).

PEARSON, Judge (dissenting).

I respectfully dissent from the affirmance of the partial summary judgment, which was based upon an order striking the defendant's defenses. It is my view that a party moving to strike...

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