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SHER v. LIBERTY MUT. INS. CO.

No. 89-1933.

557 So.2d 638 (1990)

Mort SHER, Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

February 27, 1990.

Attorney(s) appearing for the Case

Willard K. Splittstoesser, for appellant.

Lanza, O'Connor, Armstrong, Sinclair & Tunstall and Catherine B. Parks, Coral Gables, for appellee.

Before BASKIN, COPE and GODERICH, JJ.

BASKIN, Judge.

Liberty Mutual Insurance Company [Liberty] sued North Bay Boat Works, Inc., [North Bay] and Mort Sher, individually, to recover money due on a draft. North Bay answered the complaint; Sher filed a motion to dismiss in which he asserted that the complaint did not state a cause of action against him individually because he had signed the draft solely in his representative capacity. That motion was never heard. The cause progressed, and Liberty served...

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