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SOUTHERN GROUP INDEM., INC. v. CULLEN

Nos. 4D01-1833, 4D01-2493, 4D01-3841, 4D01-4839, 4D01-4840.

831 So.2d 681 (2002)

SOUTHERN GROUP INDEMNITY, INC., Appellant, v. Robert CULLEN, Joann Cullen, Cheryl Cullen, Carl Picerno, Brenda Picerno, Gibraltar Budget Plan, Inc, and Northlake Auto Insurance Agency, Appellees.

District Court of Appeal of Florida, Fourth District.

October 9, 2002.

Attorney(s) appearing for the Case

Doreen E. Lasch of the Law Offices of Roland Gomez, Miami Lakes, and David B. Pakula of David B. Pakula, Ft. Lauderdale, for appellant.

John T. Mulhall, III and George M. Bakalar of Rutherford, Mulhall & Wargo, P.A., Boca Raton, for appellees Carl Picerno and Brenda Picerno.

Lloyd J. Heilbrunn of the Law Office of Lloyd J. Heilbrunn, Palm Beach Gardens, for appellees Robert Cullen, Joann Cullen and Cheryl Cullen.

Keith J. Lambdin of Lambdin & Rosser, P.A., Plantation, for appellee Northlake Auto Insurance Agency.

ON MOTION FOR REHEARING

KLEIN, J.

We withdraw our previously filed opinion dated July 17, 2002 and replace it with the following.

This appeal presents the issue of when the notice of cancellation of automobile insurance given by a premium finance company can become effective. We conclude that, because of an insurance policy provision, this policy could not be cancelled prior to the insurer...

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