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STATE FARM FIRE & CAS. v. FLEET FINANCIAL

No. 98-612.

724 So.2d 1218 (1998)

STATE FARM FIRE AND CASUALTY COMPANY, Appellant, v. FLEET FINANCIAL CORPORATION, et al., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 13, 1999.

Attorney(s) appearing for the Case

David H. Simmons and Patrick C. Howell of Drage, Debeaubien, Knight, Simmons, Romano & Neal, Orlando, for Appellant.

Lamar D. Oxford of Dean, Ringers, Morgan & Lawton, Orlando, for Appellee.

ANTOON, J.

In this declaratory judgment action, the trial court sua sponte entered a final summary judgment against State Farm Fire & Casualty Company (State Farm). We reverse because the court erred in failing to afford State Farm an opportunity to amend its complaint prior to entering its summary judgment order.

United Services Automobile Association and USAA Casualty Insurance Company (USAA) sued Fleet Financial Corporation, Inc., and United...

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