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McKINNEY v. FORTUNE INSURANCE COMPANY

No. 3D06-207.

949 So.2d 225 (2006)

Patricia McKINNEY, as next best friend and natural guardian of Jaro S. Hladik, a minor, and Patricia McKinney, personally, Appellants, v. FORTUNE INSURANCE COMPANY, a Florida corporation, and Bob's Barricades, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied March 15, 2007.

Attorney(s) appearing for the Case

Metsch & Metsch and Lawrence R. Metsch; Arthur W. Tifford, Miami, for appellants.

Lane, Reese, Aulick, Summers & Ennis and William S. Reese and John J. Cavo, Coral Gables, for appellee.

Before RAMIREZ, and LAGOA, JJ., and SCHWARTZ, Senior Judge.

Rehearing and Rehearing En Banc Denied March 15, 2007.

PER CURIAM.

Patricia McKinney, etc., et al., appeal an adverse final judgment entered in favor of appellee Fortune Insurance Company. We affirm, finding that there are no genuine issues of material fact and that section 319.30, Florida Statutes (2004), is inapplicable where, as here, the vehicle is not a "total loss" as defined in that section.

Section 319.30 defines a vehicle which constitutes...

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