Schwartz v. USAA Casualty Insurance Company

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2005 SHIRLEY SCHWARTZ, Appellant, v. USAA CASUALTY INSURANCE COMPANY, Appellee. No. 4D03-3139 [ November 2, 2005 ] ON REMAND FROM SUPREME COURT PER CURIAM. This case has been returned to us by the supreme court, our decision to affirm having been quashed. Accordingly, we hereby reverse the judgment under review and remand the case to the trial court for reconsideration in light of Malu v. Security National Insurance Company, 898 So.2d 69 (Fla. 2005). STONE, POLEN and FARMER, JJ., concur. * * * Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; David F. Crow, Judge; L.T. Case No. CL 00-3108 AO. John G. Crabtree of John G. Crabtree, P.A., Key Biscayne, and Edward H. Zebersky of Zebersky & Payne, LLP, Hollywood, for appellant. Jeffrey R. Fuller of Brasfield, Fuller, Freeman, Lovell & O Hern, P.A., St. Petersburg, for appellee. Final upon release; no further motion for rehearing will be entertained.

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