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LaMARCHE v. SHELBY MUT. INS. CO.

No. 57094.

390 So.2d 325 (1980)

Philip J. LaMARCHE and Bette LaMarche, His Wife, Petitioners, v. The SHELBY MUTUAL INSURANCE CO. and Clearwater Prestige Homes, Inc., Respondents.

Supreme Court of Florida.

July 10, 1980.

Attorney(s) appearing for the Case

Jan G. Halisky, Clearwater, for petitioners.

Stephen C. Chumbris of Greene, Mann, Rowe, Stanton, Mastry & Burton, St. Petersburg, for respondents.

Chris W. Altenbernd of Fowler, White, Gillen, Boggs, Villareal & Banker, Tampa, for Ins. Co. of North America, amicus curiae.

OVERTON, Justice.

This is a petition to review by certiorari a decision of the Second Decision Court of Appeal, reported as Shelby Mutual Insurance Co. v. LaMarche, 371 So.2d 198 (Fla. 2d DCA 1979). We find direct conflict with Fontainebleau Hotel Corp. v. United Filigree Corp., 298 So.2d 455 (Fla. 3d DCA 1974), cert. denied, 303 So.2d 334

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