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STATE FARM AUTO. INS. v. SMALLEY TRANSP.

No. 96-3336.

696 So.2d 522 (1997)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. SMALLEY TRANSPORT COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

July 9, 1997.

Attorney(s) appearing for the Case

Robert Urich; Richard H. Phillips, Miami, for appellant.

Hardeman & Suarez and Ena T. Diaz, Miami, for appellee.

Before LEVY, FLETCHER and SHEVIN, JJ.

FLETCHER, Judge.

State Farm Mutual Automobile Insurance Company [State Farm] appeals a final summary judgment denying its insurance subrogation claim against Smalley Transport Company [Smalley]. We reverse.

This matter had its genesis when State Farm's insured, Albert Vensel, was involved in an automobile accident which, Vensel reported to the police, was caused by a "phantom" (unknown) vehicle: a tractor-trailer with either "Smalley" or "Smiley" written on...

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