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RAMIREZ v. COMMERCIAL UNION INS. CO.

No. 78-831.

369 So.2d 360 (1979)

Filemon RAMIREZ, Jr., and Epifania Ramirez, Individually and As Husband and Wife and As Parents of Fesocorro Ramirez, et al., Appellants, v. COMMERCIAL UNION INSURANCE CO., a Foreign Insurance Carrier; Melvin Lee and Michael A. Goeller, Appellees.

District Court of Appeal of Florida, Third District.

March 13, 1979.

Attorney(s) appearing for the Case

Herskowitz & Grossman, Miami, for appellants.

Blackwell, Walker, Gray, Powers, Flick & Hoehl and James E. Tribble, Miami, for appellees.

Before PEARSON, BARKDULL and HUBBART, JJ.

ON REHEARING

PER CURIAM.

The appellees' motion for rehearing is granted and our opinion of January 30, 1979 is withdrawn.

It is the judgment of this court that the trial court order dismissing Commercial Union Insurance Company as a party defendant be reversed and the cause remanded for further proceedings on the authority of Markert v. Johnston, 367 So.2d 1003

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