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HANCOCK v. ST. FARM FIRE & CAS. CO.

Nos. 92-1054, 92-1058.

623 So.2d 536 (1993)

David J. HANCOCK, et al., Appellants, v. STATE FARM FIRE AND CASUALTY COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 21, 1993.

Attorney(s) appearing for the Case

Thomson Muraro Razook & Hart and Steven W. Davis and Scott A. Browdy, Miami, Paul Morris, Coral Gables, for appellants.

Walton Lantaff Schroeder & Carson and Robert L. Teitler, Miami, for appellee.

Before BASKIN, JORGENSON and COPE, JJ.

PER CURIAM.

Notwithstanding the fact that the declaratory judgment action was improperly entertained, see Bergh v. Canadian Universal Ins. Co., 216 So.2d 436 (Fla. 1968); Columbia Casualty v. Zimmerman, 62 So.2d 338 (Fla. 1952), the fact finder considered the counterclaim on the merits and found that Hancock wilfully and intentionally threw the glass into Ginelli's face. We affirm...

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