McELROY v. NATIONWIDE MUT. INS. CO.

No. 90-2319.

596 So.2d 721 (1992)

Timothy J. McELROY, etc., Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY, etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

March 20, 1992.


Attorney(s) appearing for the Case

Clayton D. Simmons, of Stenstrom, McIntosh, Julian, Colbert, Whigham & Simmons, P.A., Sanford, and Risjord & James, Overland Park, Kan., for appellant.

George A. Vaka, of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., for appellees Nationwide Mut. Ins. Co. and Sidney Pete Odom.

Lamar D. Oxford, of Dean, Ringers, Morgan & Lawton, Orlando, for appellee Lloyds of London.


ON MOTIONS FOR REHEARING

PER CURIAM.

Appellees filed motions for rehearing in this cause which have merit. We withdraw our prior opinion, and affirm the final summary judgment entered by the trial judge below. The trial judge stated:

The basis for the Court's ruling is that the Plaintiff's previous action was founded upon a defective rim, and not a defective tire, and that the Lloyd's policy in question...

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