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DiPROSPERO v. SHELBY MUT. INS. CO. OF SHELBY

Nos. 79-285, 80-184 and 80-232.

400 So.2d 177 (1981)

Angela DiPROSPERO, Administratrix of the Estate of Mauro DiProspero, Deceased, Appellant, v. SHELBY MUTUAL INSURANCE COMPANY OF SHELBY, OHIO, West American Insurance Company, and Kathleen Doyle, Administratrix of the Estate of James Doyle, Deceased, Appellees. Felice DiPROSPERO and Angela DiProspero, His Wife, Jointly and Severally, Angela DiProspero, As Administratrix of the Estate of Maria L. DiProspero, Deceased, Lisa Filomena DiProspero, Individually and Linda Marie DiProspero, a Minor, by Felice DiProspero, Her Father and Next Friend, Appellants, v. Kathleen DOYLE, Individually, and Kathleen Doyle, Administratrix of the Estate of James Doyle, Deceased, Appellee. Robert E. FUER, Personal Representative Ad Litem of the Estate of Mauro DiProspero, Deceased, Appellant, v. Kathleen DOYLE and Angela DiProspero, Personal Representatives of the Estate of Mauro DiProspero, Deceased, Appellees.

District Court of Appeal of Florida, Fourth District.

June 24, 1981.

Attorney(s) appearing for the Case

H. Mark Purdy of Parkhurst, LaHurd & Purdy, P.A., Fort Lauderdale, for appellant.

Jack H. Vital, III, of Simons & Schlesinger, P.A., Fort Lauderdale, for appellees, in both cases.

Gerald M. Morris and Robert M. Curtis of Saunders, Curtis, Ginestra & Gore, Fort Lauderdale, and Gary M. Fader of Pallotto, Weir & Hayson, Hollywood, for appellants.

Joel D. Eaton of Podhurst, Orseck & Parks, P.A., Miami, for appellee, Doyle.

BERANEK, Judge.

This opinion disposes of three appeals designated as Case No. 79-285, Case No. 80-184, and Case No. 80-232. We affirm in part and reverse in part. The basic facts are that on December 15, 1975, Mauro DiProspero shot and killed two neighbors (James Doyle and Howard Wentworth), and his own wife, Maria DiProspero. Mauro DiProspero then shot himself but he did not die until February 9, 1976. Although Mr. DiProspero was charged with murder, he died before...

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