green
Positive treatment
4.8 score
Top citers, strongest first. 1 distinct citer.
discussed
Cited as authority (rule)
Mark C. Jackson v. The Hartford Life and Accident Insurance Company
Co. v. Coll, 568 So.2d 1306, 1307 (Fla.Dist.Ct.App.1990) (holding that, for provisions covering accidental death, the beneficiary bears the burden to prove that the death was accidental), there was no a genuine dispute of material fact.
CARTERET SAVINGS BANK
v.
Vaughn DURHAM, Palm Court, Inc.
v.
Vaughn DURHAM, Palm Court, Inc.
No. 89-1385.
District Court of Appeal of Florida, Third District.
Oct 18, 1990.
John P. Shevock and Robert C. Meacham of Dykema Gossett, Fort Lauderdale, for appellant., Gary A. Chernay and Connie R. Stephens of Weissman and Chernay, P.A., West Palm Beach, and Sally R. Doerner of Floyd Pearson, Richman, Greer, Weil, Zack & Brumbaugh, P.A., Miami, for appellees.
Anstead, Frank, Gunther, Richard.
Published
We affirm the order of dismissal. In essence the trial court held that the pleadings did not set out a legal relationship between the parties that gave rise to a duty on the part of the appellee to the appellant. Upon exhaustive briefing and thorough review of the allegations in the pleadings, we agree with this assessment by the trial court. Cf. Beach Point Condominium Association, Inc. v. Beach Point Corporation, 480 So.2d 239 (Fla. 4th DCA 1985).
AFFIRMED.