State Farm v. Simpson

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED STATE FARM MUTUAL AUTOMOBILE, ETC., Appellant, v. Case No. 5D14-2380 SARAH SIMPSON, JAI SAINT AND CHRISTOPHER WALKER, Appellees. / Opinion filed December 5, 2014 Appeal from the Circuit Court for Orange County, Donald E. Grincewicz, Judge. Cynthia B. Beissel, of Hassell-Legal, P.A., Daytona Beach, for Appellant. Peter A. Shapiro, of the Law Offices of Peter A. Shapiro & Jonathan D. Wilson, Orlando, for Appellees. ON CONCESSION OF ERROR PER CURIAM. Pursuant to Appellees’ concession of error, based on the Florida Supreme Court’s recent decision in Travelers Commercial Insurance Co. v. Harrington, 39 Fla. L. Weekly S647 (Fla. Oct. 23, 2014), which was not available to the circuit court when the order being appealed was rendered, we reverse the circuit court's “Final Declaratory Judgment Against the Defendant” and remand to the circuit court for further proceedings. REVERSED and REMANDED. EVANDER, BERGER and LAMBERT, JJ., concur. 2

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