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FIDELITY & CASUALTY CO. OF N.Y v. CRUZ

Nos. 79-1030, 79-1031.

384 So.2d 40 (1980)

FIDELITY & CASUALTY COMPANY OF NEW YORK, Appellant, v. Evelio CRUZ, As Personal Representative of the Estate of Jose L. Cruz, Deceased, and Evelio Cruz, Individually and Hilda Cruz, Individually, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 18, 1980.

Attorney(s) appearing for the Case

James F. Dougherty, II, Miami, for appellant.

Stabinski, Funt, Levine & Vega and Regina F. Zelonker, Miami, for appellees.

Before HENDRY, NESBITT and BASKIN, JJ.

PER CURIAM.

By this consolidated appeal appellant/defendant seeks review of an adverse final summary judgment, and order denying appellant's motion to vacate the judgment and for leave to file an amended answer in an action arising out of an insurance dispute.

The judgment, in pertinent part, reads as follows:

"This cause came before me on plaintiff's motion for Summary Judgment and the Defendant's Cross Motion for Summary Judgment and upon hearing...

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