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NEUBAUER v. SAFECO LIFE INSURANCE CO.

No. 87-1907.

532 So.2d 732 (1988)

Michael E. NEUBAUER, Incompetent, by and through James L. Neubauer and Janet L. Neubauer, Guardians of His Property, Appellants, v. SAFECO LIFE INSURANCE COMPANY, a Foreign Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 15, 1988.

Attorney(s) appearing for the Case

Bernard P. Goldfarb, Lawrence & Daniels and Adam H. Lawrence, Miami, for appellants.

Lamchick, Glucksman & Johnston and Steven G. Glucksman, Miami, for appellee.

Before HUBBART, NESBITT and PEARSON, DANIEL S., JJ.

PER CURIAM.

The final order of dismissal under review is reversed, pursuant to the appellee's confession of error, and the cause is remanded to the trial court for further proceedings upon a holding that on this record no showing was made below that the circuit court's subject matter jurisdiction over the instant action was preempted by the Employee Retirement Income Security Act of 1974, [ERISA], 29 U.S.C. §§ 1001-1381. This reversal, however, shall be...

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