Osterhout, Jr. v. Tower Hill Preferred Insurance Company

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2010 DONALD H. OSTERHOUT, JR., Appellant, v. TOWER HILL PREFERRED INSURANCE COMPANY and ELIZABETH ORTIZ, AURA ROSA LOPEZ ORTIZ, RUTH MARY ORTIZ f/k/a RUTH MARY FLORES, Individually and as parent and natural guardian of HYME GARVILLA, a minor child, and STEPHANIE GARVILLIA a/k/a ESTEFANIA GAVIRIA, Appellees. No. 4D09-1767 [August 11, 2010] PER CURIAM. Affirmed. See Fla. Residential Prop. & Cas. Joint Underwriting Ass n v. Anthony, 842 So. 2d 951 (Fla. 4th DCA 2003); Philbin ex rel. Edwards v. Am. States Ins. Co., 729 So. 2d 484 (Fla. 4th DCA 1999). GROSS, C.J., CIKLIN, J., and KEYSER, JANIS, Associate Judge, concur. * * * Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Burton C. Conner, Judge; L.T. Case No. 562008CA002621AXXX. Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., Palm Beach Gardens, Michael S. Smith of Lesser Lesser Landy & Smith, West Palm Beach, and R. Michael Crary of Crary, Buchanan, Bowdish, Bovie, Beres, Elder & Williamson, Chartered, Port St. Lucie, for appellant. Candy L. Messersmith and David B. Shelton of Rumberger, Kirk & Caldwell, P.A., Orlando, for appellee Tower Hill Preferred Insurance Company. Not final until disposition of timely filed motion for rehearing.

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