STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. JOYCE MASHIBURN

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D08-1838 v. JOYCE MASHBURN, Appellee. _____________________________/ Opinion filed June 30, 2009. An appeal from the Circuit Court for Okaloosa County. Thomas T. Remington, Judge. Charles F. Beall, Jr., of Moore, Hill & Westmoreland, P.A., Pensacola, for Appellant. Woodburn S. Wesley, Jr., of Wesley, McGrail & Wesley, Ft. Walton Beach, for Appellee. BROWNING, J. This attorney s fee appeal is the companion case to the merits case, 1D080190. The parties agree that if this court reverses the merits case, this case must be reversed as a matter of law. Accordingly, we REVERSE in light of our decision in 1D08-0190. HAWKES, C.J. , and VAN NORTWICK, J., CONCUR. 2

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