GLENDALE FED. S & L v. STATE, DEPT. OF INS.

No. BA-488, BA-489.

485 So.2d 1321 (1986)

GLENDALE FEDERAL SAVINGS AND LOAN ASSOCIATION: Community Federal Savings and Loan Association of the Palm Beaches: Naples Federal Savings and Loan Association; and Fortune Federal Savings and Loan Association, Federally Chartered Associations; Wilshire Glen Services, Inc., D/B/a Jewel City Insurance Agency, a California Corporation Registered to Do Business in the State of Florida; Comfed, Inc., d/b/a Community Insurance Agency, a Florida Corporation, and John O'Conner, Appellants, and Community Savings and Loan Association, a Florida Corporation, Appellant/Intervenor, v. State of Florida, Department of Insurance, a State Agency, et al., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied April 21, 1986.


Attorney(s) appearing for the Case

Jack M. Skelding, Jr. and Keith C. Tischler of Madigan, Parker, Gatlin, Swedmark & Skelding, Tallahassee, Allan J. Katz, Martin B. Unger and Edward L. Kutter of Swann & Haddock, P.A., Tallahassee, for appellants.

Freeman W. Barner, Jr., of Cromwell & Remsen, Riviera Beach, for appellant Community Federal Sav. and Loan Ass'n and Comfed, Inc., d/b/a Community Ins. Agency.

Barry Richard, of Roberts, Baggett, LaFace, Richard & Weiser, Tallahassee, for appellant/intervenor Community Sav. and Loan Ass'n.

Frank X. Kowalski, of Gillette, Pilon, & Richman, Naples, for appellant Naples Federal Sav. and Loan Ass'n.

Jim Smith, Atty. Gen., Eric J. Taylor and Bruce Barkett, Dept. of Legal Affairs, Tallahassee, and Donald A. Dowdell and S. Strom Maxwell, Dept. of Ins., Tallahassee, for appellees/State, Dept. of Ins.

John K. Aurell, Robert L. Hinkle and Elizabeth W. McArthur, of Aurell, Fons, Radey & Hinkle, Tallahassee, and Dubose Ausley and Kenneth R. Hart of Ausley, McMullen, McGehee, Carothers & Proctor, Tallahassee, for appellees/Florida Ass'n of Ins. Agents.

J. Robert McClure, Jr., of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tallahassee, for amicus curiae/Florida Ass'n of Life Underwriters.


SMITH, Judge.

Appellants seek reversal of an order of the trial court dismissing their second amended complaint challenging the constitutionality of section 626.988, Florida Statutes (1983). The trial court ruled that this court in the case of Production Credit Associations of Florida v. Department of Insurance, 356 So.2d 31 (Fla. 1st DCA 1978), implicitly, if not expressly, found section 626.988 to be constitutional and...

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