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SEA WINDS OF NEW SMYRNA BEACH, INC. v. OSCEOLA MANAGEMENT & FINANCIAL SERVICE, INC.

No. 83-1133.

450 So.2d 910 (1984)

SEA WINDS OF NEW SMYRNA BEACH, INC., Appellant, v. OSCEOLA MANAGEMENT & FINANCIAL SERVICE, INC., and Equity General Insurance Company, Appellees.

District Court of Appeal of Florida, Fifth District.

May 31, 1984.

Attorney(s) appearing for the Case

W.C. Hutchison, Jr., of Hutchison & Mamele, Sanford, for appellant.

Leslie King O'Neal of Markel, McDonough & O'Neal, Orlando, for appellees.

COBB, Judge.

The trial court dismissed an insurance carrier, Equity General Insurance Co., as a party defendant herein pursuant to section 627.7262, Florida Statutes (Supp. 1982). The order of dismissal was entered on August 1, 1983. Subsequently, the Florida Supreme Court, while upholding the constitutionality of the statute, held that it did not apply retroactively. VanBibber v. Hartford Accident & Indemnity Ins. Co., 439 So.2d 880

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