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DOMINION OF CANADA v. STATE FARM AND CAS. CO.

No. 2D98-2405.

754 So.2d 852 (2000)

DOMINION OF CANADA, Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY and Sally Ruth Johnson, Appellees.

District Court of Appeal of Florida, Second District.

April 7, 2000.

Attorney(s) appearing for the Case

Matthew R. Danahy of Rywant, Alvarez, Jones, Russo & Guyton, Tampa, for Appellant.

David J. Lonigro of Oxendine & Oxendine, P.A., Tampa, for Appellee State Farm Fire and Casualty Company.

H. Irene Higginbotham of Kevin W. Korth & Associates, St. Petersburg, for Appellee Sally Ruth Johnson.

NORTHCUTT, Judge.

Dominion of Canada, a Canadian insurance company, challenges the dismissal with prejudice of its lawsuit against Sally Ruth Johnson and State Farm Fire and Casualty Company. Dominion sought subrogation, indemnification and declaratory relief to recover a payment it had made to its insureds under an uninsured motorist policy in order to preserve its subrogation rights. We conclude that Dominion's action should not have been dismissed in its entirety...

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