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Gray Transportation, Inc. v. Cohen

Citations: 492 So. 2d 1189; 11 Fla. L. Weekly 1863; 1986 Fla. App. LEXIS 9511Docket: Nos. 85-889, 85-890

Court: District Court of Appeal of Florida; August 26, 1986; Florida; State Appellate Court

Narrative Opinion Summary

The court agrees with the appellants that the case is governed by the precedent set in Maryland Casualty Co. v. Reliance Insurance Co., 478 So.2d 1068 (Fla.1985). As a result, the court reverses the summary judgment previously issued and remands the case for further proceedings that align with the principles established in Maryland Casualty. The trial court's decision was made without the benefit of this precedent.

Legal Issues Addressed

Precedent Application in Summary Judgment

Application: The court determined that the precedent established in Maryland Casualty Co. v. Reliance Insurance Co. should have been applied, leading to the reversal of the summary judgment and a remand for further proceedings.

Reasoning: The court agrees with the appellants that the case is governed by the precedent set in Maryland Casualty Co. v. Reliance Insurance Co., 478 So.2d 1068 (Fla.1985).

Reversal and Remand for Further Proceedings

Application: The court reversed the previous summary judgment due to the trial court's lack of consideration of the relevant precedent, necessitating further proceedings in alignment with the established legal principles.

Reasoning: As a result, the court reverses the summary judgment previously issued and remands the case for further proceedings that align with the principles established in Maryland Casualty.

Trial Court Decision Without Precedent Consideration

Application: The trial court made its decision without considering the applicable precedent, which was identified as a necessary component for rendering a proper judgment in this case.

Reasoning: The trial court's decision was made without the benefit of this precedent.