SMITH v. FORTUNE INS. CO.

Nos. 86-1927, 86-1928 and 87-973.

523 So.2d 645 (1988)

Gail SMITH, Individually and As the Next Friend of Mironda Robinson, Appellant, v. FORTUNE INSURANCE COMPANY, Dixie Insurance Company, and Allstate Insurance Company, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 19, 1988.


Attorney(s) appearing for the Case

William H. Seitz of LaRue, Bernardini, Seitz & Tresher, Daytona Beach, for appellant.

Jerri Solomon and Walter A. Ketcham, Jr. of Taraska, Grower, Unger & Ketcham, Orlando, for appellee Dixie Ins. Co.

Matthew J. Smith, Daytona Beach, for appellee Fortune Ins.

Frederick Morello and Chobee Ebbets of Smalbein, Eubank, Johnson, Rosier & Bussey, P.A., Daytona Beach, for appellee Allstate Ins. Co.


DAUKSCH, Judge.

This is an appeal from three different judgments which find for three different insurers and against the insured. Two judgments were summary and the other was after trial. The question before the court in each case was regarding domicile. Depending upon where appellant lived, one of the insurers must be liable so the court erred in one of the three judgments. We hasten to add it was not the fault of the trial judge that the matter became so bungled...

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