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FIDELITY AND CAS. CO. OF NEW YORK v. COPE

No. 64825.

462 So.2d 459 (1985)

FIDELITY AND CASUALTY COMPANY OF NEW YORK, Petitioner, v. James L. COPE, as Personal Representative of the Estate of Anna L. Cope, Deceased, Respondent.

Supreme Court of Florida.

January 10, 1985.

Attorney(s) appearing for the Case

Jonathan L. Alpert of Fowler, White, Gillen, Boggs, Villareal & Banker, Tampa, for petitioner.

Robert W. Holman of Hammond & Holman, Pinellas Park, and G. Robert Schultz, St. Petersburg, for respondent.

McDONALD, Justice.

We have for review Fidelity & Casualty Co. v. Cope, 444 So.2d 1041 (Fla. 2d DCA 1984), which the district court has certified to be in direct conflict with Kelly v. Williams, 411 So.2d 902 (Fla. 5th DCA), review denied, 419 So.2d 1198 (Fla. 1982). We have jurisdiction, article V, section 3(b)(4), Florida Constitution, and quash Cope.

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