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GREAT SOUTHERN LIFE INS. CO. v. PORCARO

No. 4D03-659.

869 So.2d 585 (2004)

GREAT SOUTHERN LIFE INSURANCE CO., Appellant, v. Filamena PORCARO, as Personal Representative of the Estate of John Anthony Porcaro, deceased, and Jeff D. Hackmeier & Associates, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 28, 2004.

Attorney(s) appearing for the Case

Wendy S. Leavitt of Steel Hector & Davis LLP, Miami, for appellant.

Kenneth E. Cohen and Jeffrey E. Holman of Holman & Cohen, Hollywood, for appellee Filamena Porcaro, as Personal Representative of the Estate of John Anthony Porcaro, deceased.

POLEN, J.

Great Southern appeals the denial of its motion to enforce the settlement agreement as well as the final summary judgment in favor of Filamena Porcaro requiring it to pay the $1,500,000 policy amount on John Porcaro's life insurance policy. We affirm the trial court's denial of Great Southern's motion to enforce the settlement agreement. However, we reverse the final summary judgment for the reasons which follow.

John Porcaro's life was insured in...

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