SOUTHEASTERN FIRE INS. v. McPHERSON

No. 85-1488.

497 So.2d 664 (1986)

SOUTHEASTERN FIRE INSURANCE COMPANY and Charlie Corteguera, Appellants, v. Leslie McPHERSON and Michael McPherson, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 1, 1986.


Attorney(s) appearing for the Case

Amy Shield Levine of Levine & Levine, Boca Raton, for appellants.

Larry Klein of Klein & Beranek, P.A., and Pariente & Silber, West Palm Beach, for appellees.


PER CURIAM.

This is an appeal from a final judgment, following entry of a directed verdict on the issue of liability in favor of the plaintiffs against the defendants. We reverse and remand for new trial, concluding that it was error so to direct the verdict. As the matter must be retried based on the pleadings, including the theory — of persons acting in concert — propounded by the memorandum of law delivered by the plaintiffs on the first day of trial...

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