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LUMBERT v. FIDELITY NATIONAL TITLE INS. CO.

No. 98-2560.

728 So.2d 826 (1999)

Steven LUMBERT, Appellant, v. FIDELITY NATIONAL TITLE INSURANCE COMPANY, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

March 26, 1999.

Attorney(s) appearing for the Case

Timothy M. Williams of Potter, McClelland, Marks & Healy, P.A., Melbourne, for Appellant.

Christopher T. Hill, of Rumberger, Kirk & Caldwell, Orlando, for Appellee, Safetitle, Inc.

No Appearance for Appellee, Fidelity National Title Insurance Company.

HARRIS, J.

This appeal prompts more interesting questions about what is not raised than about what is. Lumbert purchased property closed by Safetitle which issued a title insurance policy on behalf of Fidelity. There were title defects not picked up by Safetitle which were insured by Fidelity. Fidelity sued Lumbert for a declaratory judgment determining its liability under the policy. Lumbert counterclaimed against Fidelity on the policy and filed a third-party complaint...

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