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NEWSOME v. FINCH

No. NN-363.

375 So.2d 1144 (1979)

Russell NEWSOME, John E. Walsingham, Brown Finch, D.C. Finch, As Trustees of the Independent Baptist Church of Sunny Hill and Fortune Insurance Company, Appellants, v. Willie R. FINCH, d/b/a Samson Radio and Electric Company, and West Florida Natural Gas Company, and West Florida Gas and Fuel Company of Defuniak Springs, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied November 7, 1979.

Attorney(s) appearing for the Case

Kenneth F. Hoffman of Rogers, Towers, Bailey, Jones & Gay, Tallahassee, for appellants.

Lynn C. Higby of Isler, Higby, Brown, Smoak & Watson, Panama City, for Willie R. Finch, etc.; and Stephen H. Kurvin of Sale, Bryant, Daniel, Thompson & Kurvin, Panama City, for West Florida Gas Co. and West Florida Gas and Fuel, appellees.

PER CURIAM.

Summary judgment was entered for appellees on their argument that a release given by appellant church (church) to appellant Insurance company (Fortune) barred Fortune's negligence action against them. Fortune argues this was error. We agree and reverse.

Fortune paid a fire-loss claim to the church and obtained a release. The release acknowledged receipt of payment in

"... final release and discharge of, all actions, claims and demands...

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