Malu v. Security National Insurance Co.
Docket: No. 4D02-391
Court: District Court of Appeal of Florida; May 18, 2005; Florida; State Appellate Court
The court affirmed the dismissal of the complaint in Malu v. Security National Insurance Company, citing a failure to state a cause of action, as per the decision in 848 So.2d 373 (Fla. 4th DCA 2003). However, this decision was reversed by the Florida Supreme Court in 898 So.2d 69 (Fla. 2005). Since the rationale for the original affirmation has been overturned and the trial court's basis for dismissal is no longer valid, the appellate court reverses the dismissal order and remands the case for further proceedings. Judges Klein, Gross, and Taylor concur with this decision.