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HERMITAGE INS. CO. v. OXYGEN IN THE GROVE

No. 3D08-1542.

30 So.3d 549 (2010)

HERMITAGE INSURANCE COMPANY, Appellant, v. OXYGEN IN THE GROVE, etc., et al., Appellees.

District Court of Appeal of Florida, Third District.

February 10, 2010.

Attorney(s) appearing for the Case

Pivnik & Nitsche and Jerome A. Pivnik, for appellant.

Keith Chasin, for appellees.

Before GERSTEN, SHEPHERD, JJ., and SCHWARTZ, Senior Judge.

SHEPHERD, J.

This is an appeal by a post-judgment intervenor, Hermitage Insurance Company, from an order granting Plaintiff Melvin Rivera's motion to vacate a final judgment entered against Hermitage's insured, Oxygen in the Grove, Inc. We reverse the order vacating the final judgment. A brief summary of the facts is necessary to explain our decision.

FACTS AND PROCEDURAL BACKGROUND

This action arises out of injuries suffered by Melvin Rivera on...

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