BIRMINGHAM FIRE INS. CO. v. ROSADO

No. 5D09-2623.

42 So.3d 896 (2010)

BIRMINGHAM FIRE INSURANCE COMPANY, etc., Appellant, v. Edwin ROSADO, Appellee.

District Court of Appeal of Florida, Fifth District.

August 20, 2010.


Attorney(s) appearing for the Case

Betsy E. Gallagher and Amy L. Miles of Kubicki Draper, Tampa, and G. William Bissett, Jr. of Kubicki Draper, Miami, for Appellant.

Joseph H. Williams of Troutman, Williams, Irvin, Green, Helms & Polich, P.A., Winter Park, for Appellee.


BURGER, R.T., Associate Judge.

Birmingham Fire Insurance Company n/k/a AIG Casualty Company ("Birmingham") appeals from a final summary judgment entered against it on Edwin Rosado's complaint for declaratory judgment. We reverse.

Summary judgment is only appropriate where, in the light most favorable to the nonmoving party, no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. Fla. R. Civ. P. 1.510(c);

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