ALLSTATE PROPERTY & CAS. INS. CO. v. LEWIS

No. 1D08-4258.

14 So.3d 1230 (2009)

ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. Ebby W. LEWIS, Appellee.

District Court of Appeal of Florida, First District.

June 30, 2009.


Attorney(s) appearing for the Case

Jane Anderson and Kansas R. Gooden of Boyd & Jenerette, P.A., Jacksonville, for Appellant.

Glenn Cohen and Rebecca Cozart of Barnes & Cohen, P.A., Jacksonville, for Appellee.


THOMAS, J.

Appellant, Allstate Property & Casualty Insurance Company (Allstate), appeals the trial court's order granting a motion for new trial, arguing that the trial court overlooked or misapplied the principles specified in Binger v. King Pest Control, 401 So.2d 1310 (Fla.1981), and Suarez-Burgos v. Morhaim, 745 So.2d 368 (Fla. 4th DCA 1999). We agree, and reverse.

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