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UNITED SERVICES AUTO. ASS'N v. BYRD

No. 78-1619.

370 So.2d 1247 (1979)

UNITED SERVICES AUTOMOBILE ASSOCIATION, Petitioner, v. William S. BYRD and Nellie Byrd, Respondents.

District Court of Appeal of Florida, Fourth District.

May 23, 1979.

Attorney(s) appearing for the Case

Robert A. Wohn, Jr., of Smalbein, Eubank, Johnson, Rosier & Bussey, P.A., Rockledge, for petitioner.

Jack A. Kirschenbaum of Wolfe, Kirschenbaum, Caruso & Mosley, P.A., Cocoa Beach, for respondents.

BERANEK, Judge.

This petition for common law certiorari by the defendant/insurance company seeks to review an order of the trial court refusing to strike Count II of a second amended complaint. This count alleges a cause of action against the insurance company defendant for compensatory damages for the infliction of mental distress and for punitive damages. Count I of the complaint alleges a cause of action for breach of an insurance contract. Count II appears to...

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