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IOWA NAT. MUT. INS. CO. v. TAPPAN CO.

No. VV-489.

400 So.2d 1283 (1981)

IOWA NATIONAL MUTUAL INS. CO., a Foreign Corporation, As Subrogee of W.T. Yates and Jennie T. Yates; and W.T. Yates and Jennie T. Yates, Individually, Appellants, v. The TAPPAN COMPANY, a Foreign Corporation; the Aetna Cas. and Surety Company, a Foreign Corporation; John P. Patterson Heating and Air Conditioning, and American Fire and Cas. Company, a Foreign Corporation, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied August 4, 1981.

Attorney(s) appearing for the Case

Murray M. Wadsworth and William H. Davis of Wadsworth & Davis, Tallahassee, for appellants.

E. Harper Field and Susan B. Kirkland of Field, Granger, Santry & Mitchell, Baya Harrison, III, and Fred M. Johnson of Fuller & Johnson, Tallahassee, for appellees.

ROBERT P. SMITH, Jr., Judge.

We affirm the trial court's order for a new trial in this case, which, as Chief Judge Mills' dissenting opinion reveals, hangs on a causation question. The trial court's new trial order summarizes plaintiffs' theory at trial:

The plaintiffs' case is constructed upon the theory that heat escaped from the heat exchanger and came to bear upon metal clips on the inside of the exterior cover of the furnace and that such heat was then...

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