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PHILBIN EX REL. EDWARDS v. AMERICAN STATES INS. CO.

No. 97-3224.

729 So.2d 484 (1999)

Timothy PHILBIN, a minor, by and through Theresa Bland EDWARDS, Court appointed Attorney Ad Litem and guardian for the purpose of this lawsuit, individually and as judgment creditor of William Curtis, Appellant/Cross-Appellee, v. AMERICAN STATES INSURANCE COMPANY, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fourth District.

March 24, 1999.

Attorney(s) appearing for the Case

Ben J. Weaver of Weaver & Weaver, P.A., Fort Lauderdale, for appellant/cross-appellee.

Paul H. Field of Lane, Reese, Aulick, Summers & Field, P.A., Coral Gables, for appellee/cross-appellant.

PER CURIAM.

Appellant/Cross-Appellee, Timothy Philbin ("Philbin"), appeals the trial court's dismissal with prejudice of his fourth amended complaint for failure to state a cause of action. Appellee/Cross-Appellant, American States Insurance Company ("American States"), appeals the trial court's denial of its motion for summary judgment. We reverse the denial of the summary judgment, rendering moot our consideration of the issues on the main appeal.

Philbin...

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