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McDONALD v. ALLSTATE INS. CO.

No. 79-2352.

408 So.2d 580 (1981)

Hollie Lee McDONALD, Appellant/Cross-Appellee, v. ALLSTATE INSURANCE COMPANY, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 4, 1982.

Attorney(s) appearing for the Case

Robert T. Scott of Gunster, Yoakley, Criser & Stewart, Palm Beach, for appellant/cross-appellee.

Wayne T. Gill and Louis W. Strum, III of Walton, Lantaff, Schroeder & Carson, West Palm Beach, for appellee/cross-appellant.

FUTCH, M. DANIEL, Jr., Associate Judge.

McDonald, the plaintiff below, appeals from the trial court's judgment denying his application to confirm an arbitration award which included arbitration costs. We agree with the trial court's finding for Allstate, the defendant, that the affirmative defense of accord and satisfaction precludes such confirmation.

The arbitration dealt with an accident between a motorcycle and...

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