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State Farm Mut. Auto. Ins. v. Oteiza

District Court of Appeal of Florida, Third District
Apr 28, 1992
595 So. 2d 1094 (Fla. Dist. Ct. App. 1992)

Opinion

Nos. 91-1241, 91-371.

March 24, 1992. Rehearing Denied April 28, 1992.

Appeal from the Circuit Court, Dade County, Leonard Rivkind, J.

Barnett, Clark Barnard and Frances Fernandez Guasch, Miami, for appellant.

James C. Blecke, Miami, Granville E. Petrie, Jr., Melbourne, for appellee.

Before BARKDULL, NESBITT and LEVY, JJ.


Prior to the Supreme Court opinion in Blanchard v. State Farm Mutual Automobile Insurance Company 575 So.2d 1289 (Fla. 1991), the trial court refused to abate "bad faith" counts pending a trial on counts alleging breach of an insurance agreement. The jury returned an adverse verdict as to the carrier. We reverse for a new trial upon the authority of Blanchard even though the trial judge did direct a verdict in favor of the carrier on the "bad faith" counts, as such conduct was argued to the jury in opening statements and evidence was offered to support such conduct during plaintiff's case.

Cases are decided on appeal on the law as it exists at the time of the appellate decision and not on the law as it existed at the time of trial. Hendeles v. Sanford Auto Auction, Inc., 364 So.2d 467 (Fla. 1978); Florida Eastcoast Railway Co. v. Rouse, 194 So.2d 260 (Fla. 1967); Weissman v. State Farm Mutual Automobile Insurance Company, 349 So.2d 749 (Fla. 3d DCA 1977); Personnel Board of City Miami Beach v. Majewski, 227 So.2d 498 (Fla. 3d DCA 1969).

Reversed and remanded with directions for a new trial.


Summaries of

State Farm Mut. Auto. Ins. v. Oteiza

District Court of Appeal of Florida, Third District
Apr 28, 1992
595 So. 2d 1094 (Fla. Dist. Ct. App. 1992)
Case details for

State Farm Mut. Auto. Ins. v. Oteiza

Case Details

Full title:STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLANT, v. BERNABE…

Court:District Court of Appeal of Florida, Third District

Date published: Apr 28, 1992

Citations

595 So. 2d 1094 (Fla. Dist. Ct. App. 1992)

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