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ANDREWS v. MUTUAL BENEFIT LIFE INS. CO.

No. 90-00876.

578 So.2d 52 (1991)

Virginia Sue ANDREWS, Appellant, v. MUTUAL BENEFIT LIFE INSURANCE COMPANY, a Foreign Corporation, Equifax, Inc., a Foreign Corporation, Equifax Services, a Corporation, and John Chapman, Individually, Appellees.

District Court of Appeal of Florida, Second District.

April 19, 1991.

Attorney(s) appearing for the Case

John W. Andrews of John W. Andrews, P.A., Tampa, for appellant.

Steven L. Brannock and Stacy D. Blank of Holland and Knight, Tampa, for appellee Mut. Benefit Life Ins. Co.

Gwynne A. Young, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, for appellees Equifax Inc., Equifax Services and John Chapman.

PER CURIAM.

We reverse the trial court's order dismissing with prejudice the fourth amended complaint insofar as the order dismissed what we view as plaintiff's attempt to preserve an ERISA cause of action against Mutual Benefit Life Insurance Company. While the dismissal shall stand, on remand plaintiff shall have the opportunity to further amend to state such a cause of action. In all other respects the order is affirmed.

CAMPBELL, A.C.J., and LEHAN and...

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