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FLYNT v. McGILLEN

Nos. 79-2391, 79-2392.

403 So.2d 577 (1981)

Mary Jane FLYNT, As Personal Representative of the Estate of James Robert Flynt, Deceased, Appellant, v. James McGILLEN and Alvin Gamble, d/b/a Alvin Gamble Brothers Fern & Plants and Florida Farm Bureau Casualty Insurance Company, an Insurer Authorized to Transact Business in the State of Florida, Sam Smith and Bonnie Smith, and Government Employees Insurance Company, Etc., Appellees. James McGILLEN, Alvin Gamble, D/B/a Alvin Gamble Brothers Fern & Plants, and Florida Farm Bureau Casualty Insurance Company, Appellants, v. Mary Jane FLYNT, as Personal Representative of the Estate of James Robert Flynt, Deceased, Sam Smith and Bonnie Smith and Government Employees Casualty Insurance Co., an Insurer Authorized to Transact Business in the State of Florida, Appellees.

District Court of Appeal of Florida, Fourth District.

September 9, 1981.

Attorney(s) appearing for the Case

Jack B. Ludin of Pomeroy, Betts & Wiederhold, West Palm Beach, for James McGillen, Alvin Gamble, and Florida Farm Bureau.

Marjorie D. Gadarian of Jones & Foster, P.A., West Palm Beach, for Government Employees Ins. Co.

DOWNEY, Judge.

Mary Jane Flynt, as personal representative of the estate of her husband, James Robert Flynt, deceased, brought an action for damages against James McGillen, his insurer, Government Employees Insurance Company (GEICO), Alvin Gamble d/b/a Alvin Gamble Brothers Fern and Plants, Sam Smith and his wife, Bonnie Smith, and the Smiths' insurer, Florida Farm Bureau Casualty Company. The trial court granted GEICO's motion for summary judgment on the basis that...

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