01-0587 FL. INSUR. V. JONES

State: Florida

Court: Florida Third District Court

Docket No: 01-0587 FL. INSUR. V. JONES

Case Date: 12/26/2001

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001

FLORIDA INSURANCE GUARANTY ASSOCIATION, INC., Appellant,

** ** ** CASE NO. 3D01-587 LOWER TRIBUNAL NO. 98-21635

vs. ** WAYNE JONES, ** Appellee. **

Opinion filed December 26, 2001. An Appeal from the Circuit Court for Dade County, Fredricka G. Smith, Judge. Dittmar & Hauser, P.A., and Helen Ann Hauser, for appellant. Karlick & Buckley and Gary Kalos, for appellee.

Before JORGENSON, LEVY, and SHEVIN, JJ.

PER CURIAM. The Florida Insurance Guaranty Association (FIGA) appeals from a final judgment entered for the plaintiff after a bench trial. For the following reasons, we reverse.

On

September

22,

1998,

Jones

filed

this

declaratory

action

against FIGA. Plaintiff asserted that FIGA is responsible for payment of a $50,000 judgment obtained in 1994 in a negligence action against the insured of an insolvent insurer. After a non-jury trial, the trial court entered judgment against FIGA, finding that the suit was not barred by statute of limitations. See

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