THURMAN v. ALLSTATE INDEMNITY COMPANY

No. 88-1810.

544 So.2d 346 (1989)

Richard THURMAN, Appellant, v. ALLSTATE INDEMNITY COMPANY, Appellee.

District Court of Appeal of Florida, Fifth District.

June 15, 1989.


Attorney(s) appearing for the Case

Charles R. Steinberg of Steinberg & Stutin, P.A., Orlando, for appellant.

Chris Ballentine of Fisher, Rushmer, Werrenrath, Keiner, Wack & Dickson, P.A., Orlando, for appellee.


PER CURIAM.

AFFIRMED.

DAUKSCH and DANIEL, JJ., concur.

GOSHORN, J., concurs specially with opinion.

GOSHORN, Judge, concurring specially.

I concur because the parties stipulated that this case could be decided by summary judgment even though certain material facts were in dispute. The trial judge, therefore, was free to chose which disputed fact to believe and which to disbelieve. Under these circumstances, we must affirm the...

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