SHELBY MUTUAL INSURANCE CO. v. DAVEY INSURANCE ASSOCIATES

No. 85-1061.

489 So.2d 1192 (1986)

SHELBY MUTUAL INSURANCE CO., and P. Tavilla Company, Inc., Appellants, v. DAVEY INSURANCE ASSOCIATES, INC., and Equity General Insurance Co., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 9, 1986.


Attorney(s) appearing for the Case

Gaebe & Murphy and Michael Murphy, Coral Gables, for appellants.

Marlow, Shofi, Connell, DeMahy, Valerius, Abrams, Lowe & Adler and Joseph Lowe, Miami, for appellees.

Before SCHWARTZ, C.J., and HENDRY and HUBBART, JJ.


PER CURIAM.

The final summary judgment under review is reversed and the cause is remanded to the trial court for further proceedings. We reach this result based on the following, briefly stated legal analysis.

First, we conclude as a matter of law — contrary to the able argument of appellees' counsel — that upon the purchase of the assets of J.T.P. of Florida, Inc. [JTP], a predecessor corporation, by the defendant Davey Insurance Associates...

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