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MASSA v. SOUTHERN HERITAGE INS. CO.

No. 95-4063.

697 So.2d 868 (1997)

Rudolph MASSA and Kristen Massa, Appellants, v. SOUTHERN HERITAGE INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing, Rehearing, and Certification Denied August 27, 1997.

Attorney(s) appearing for the Case

Steven M. Weinger and Jonathan Morton of Kurzban, Kurzban, Weinger & Tetzeli, P.A., Miami, for appellants.

Geralyn M. Passaro and Steven C. Simon of Peters, Robertson, Lax, Parsons, Welcher, Mowers & Passaro, P.A., Fort Lauderdale, for appellee.

Rehearing, Rehearing En Banc, and Certification Denied August 27, 1997.

GLICKSTEIN, Judge.

Final summary judgment was entered against appellants in this action against their uninsured motorist insurer. We reverse and remand for jury trial, as sought by appellants.

The trial court's judgment recites, in part:

2. That based upon the deposition of the Plaintiff, RUDOLPH MASSA, he was driving his vehicle on March 12, 1993 when the vehicle in front...

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