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KISSIMMEE UTILITIES AUTHORITY v. FLORIDA MUNICIPAL INS. TRUST

No. 96-1255.

686 So.2d 766 (1997)

KISSIMMEE UTILITIES AUTHORITY, Appellant, v. FLORIDA MUNICIPAL INSURANCE TRUST, Appellee.

District Court of Appeal of Florida, Fifth District.

January 17, 1997.

Attorney(s) appearing for the Case

Edward Brinson of Brinson, Smith, Smith & Starr, P.A., Kissimmee, for Appellant.

Richard H. McDuff of Johnson, Anselmo, Murdoch, Burke & George, Fort Lauderdale, for Appellee.

TOMBRINK, R., Jr., Associate Judge.

From a careful review of the record, it is clear and obvious that the only expressed basis for the grant of summary judgment by the judge below was on the authority of Doe v. Allstate Ins. Co., 653 So.2d 371 (Fla.1995). The trial judge's exclusive reliance on Doe was misplaced, as Doe does not preclude, and in fact recognizes, a narrow exception in which the doctrine of promissory...

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