City of Miami v. United States Fidelity & Guaranty

Full title: CITY OF MIAMI, APPELLANT, v. UNITED STATES FIDELITY AND GUARANTY, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jan 31, 1984

444 So. 2d 571 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-1987.

January 31, 1984.

An Appeal from Circuit Court, Dade County; John A. Tanksley, Judge.

Jose Garcia-Pedrosa, City Atty. and Gisela Cardonne, Asst. City Atty., for appellant.

Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham Lane and Shelley H. Leinicke, Fort Lauderdale, for appellee.

Before NESBITT, DANIEL S. PEARSON and FERGUSON, JJ.

PER CURIAM.

We treat the motion for summary reversal filed by the appellee, United States Fidelity and Guaranty, as a confession of error and, upon the authority of VanBibber v. Hartford Accident and Indemnity Company, 439 So.2d 880 (Fla. 1983); Kaminsky v. Travelers Indemnity Company, 443 So.2d 206 (Fla. 3d DCA 1983); Geller v. Kent Insurance Company, 442 So.2d 1034 (Fla. 3d DCA 1983) and Randel v. General Insurance Company, 439 So.2d 986, 987 (Fla. 3d DCA 1983), reverse the order under review and remand the cause to the trial court with directions to reinstate the appellee as a party defendant on the appellant's crossclaim.

Reversed and remanded with directions.