Malu v. Security National Insurance Company
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2005 SANDRA MALU, Appellant, v. SECURITY NATIONAL INSURANCE COMPANY, Appellee. No. 4D02-391 [May 18, 2005] PER CURIAM. We affirmed the dismissal of the complaint in this case for failure to state a cause of action in Malu v. Security National Insurance Company, 848 So. 2d 373 (Fla. 4th DCA 2003); however, our opinion was reversed by the Florida Supreme Court. Malu v. Security Nat l Ins. Co., 30 Fla. L. Weekly S145, 30 Fla. L. Weekly S172 (Fla. Mar 10, 2005). Because our theory for affirming has been reversed, and the trial court s reason for dismissing the complaint cannot be sustained, Malu, 848 So. 2d 373, we reverse the order of dismissal and remand for further proceedings. KLEIN, GROSS and TAYLOR, JJ., concur. * * * Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Robert Lance Andrews, Judge; L.T. Case No. 01-11925 (09). Sharon C. Degnan and Diane H. Tutt of Diane H. Tutt, P.A., Davie, for appellant. Beth T. Vogelsang of Barranco, Kircher & Vogelsang, P.A., Miami, for appellee. Not final until disposition of any timely filed motion for rehearing.
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