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METROPOLITAN CAS. INS. CO. v. TEPPER

No. 5D06-3713.

969 So.2d 403 (2007)

METROPOLITAN CASUALTY INSURANCE COMPANY, Appellant, v. Robert TEPPER, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied November 28, 2007.

Attorney(s) appearing for the Case

Michael M. Bell and Mary Grace Dyleski, of Bell, Leeper & Roper, P.A., Orlando, for Appellant.

Edward E. Haenftling, Jr., of Edward Haenftling, Jr., P.A., and Chobee Ebbets of Chobee Ebbets, P.A., Daytona Beach, for Appellee Angel M. Lucas.

No Appearance for Appellee Robert Tepper.

EVANDER, J.

Metropolitan Casualty Insurance Company timely appeals from an order that dismissed defendant Angel Lucas from a lawsuit filed by Metropolitan's insured, Robert Tepper. We affirm the order of dismissal, but reverse the trial court's finding that Metropolitan could bring a third-party action against Lucas.

On May 13, 2004, Tepper was riding his bicycle when he was hit by a vehicle owned and operated by Lucas. He subsequently filed a two-count complaint...

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