NAT. BEN FRANKLIN LIFE INS. CO. v. COHEN

Nos. 79-2487, 80-543 and 80-544.

414 So.2d 552 (1982)

NATIONAL BEN FRANKLIN LIFE INSURANCE CORPORATION, A fOREIGN cORPORATION, Appellant, v. Gail COHEN, As Personal Representative of the Estate of Albert E. Cohen, Deceased, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 16, 1982.


Attorney(s) appearing for the Case

R. Fred Lewis of Magill, Reid, Kuvin, Klingensmith & Lewis, P.A., Miami, for appellant.

Montgomery, Lytal, Reiter, Denney & Searcy and Edna L. Caruso, West Palm Beach, for appellee.


PER CURIAM.

After careful review of the record in this cause, we have concluded that the summary final judgment entered on behalf of the plaintiff/appellee must be reversed. The plaintiff failed to nullify all of the defendant's affirmative defenses and, consequently, it was error to grant summary judgment. In Bunner v. Florida Coast Bank, 390 So.2d 126, 127 (Fla. 4th DCA 1980), we recapitulated the general rule that "to...

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