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FLORIDA MUN. INS. TRUST v. SOUTH BAY

No. 4D00-2067.

784 So.2d 480 (2001)

FLORIDA MUNICIPAL INSURANCE TRUST, Appellant, v. CITY OF SOUTH BAY, Florida, a municipal corporation, and as interested parties, Honorina Padron Rodriguez, an individual, Thomas Rodriguez, an individual, and William Lee Norris, an individual, Appellees.

District Court of Appeal of Florida, Fourth District.

March 14, 2001.

Attorney(s) appearing for the Case

Michael J. Roper and Ernest H. Kohlmyer, III of Bell, Leeper & Roper, P.A., Orlando, for appellant.

Bernard Lebedeker and Lionnel Olds of Olds & Stephens, P.A., West Palm Beach, for appellee City of South Bay.

Victor G. Swift of Gary, Williams, Parenti, Finney, Lewis, McManus, Watson & Sperando, Fort Pierce, for appellees Honorina Padron Rodriguez and Thomas Rodriguez.

Andrew DeGraffenreidt, III of Law Office of Andrew DeGraffenreidt, III, P.A., West Palm Beach, for appellee William Lee Norris.

PER CURIAM.

Applying State Farm Fire & Cas. Co. v. Higgins, 26 Fla. L. Weekly D111, ___ So.2d ___, 2001 WL 6187 (Fla. 4th DCA January 3, 2001)(en banc), we reverse an order granting the City of South Bay's motion to dismiss Florida Municipal Insurance Trust's ("FMIT") petition for declaratory judgment. The trial court granted the motion to dismiss, finding that a determination regarding FMIT's "scope of employment" exclusion was a "factual issue" inappropriate...

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