SAFECO INS. CO. v. ROCHOW

No. NN-451/T1-92, NN-471/T1-92A.

384 So.2d 163 (1980)

SAFECO INSURANCE COMPANY, Appellant, v. Tracy E. ROCHOW et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 10, 1980.


Attorney(s) appearing for the Case

Sam Daniels, Miami, and Dennis J. Wall, Orlando, for appellant.

John W. Tanner, Daytona Beach, for appellees.


UPCHURCH, Judge.

Defendant, Safeco Insurance Company, appeals a final order of the Circuit Court for Volusia County holding an agreement between appellees and appellant valid but incapable of performance. Plaintiffs, the Rochows, have cross appealed the same order raising as error a finding of the trial court that Safeco was liable for the Rochows' damages only if they exceeded $60,000.00.

The first question is whether this court can consider a cross appeal...

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