Southern American Fire Insurance Co. v. Pontiac Holding Co.

' SWANN, Judge.

The question raised by this1 appeal' involves the old version of Rule 1.35, Florida Rules - of ’ Civil Procedure, 30 F.S.A'. as it existed prior to January 1, 1966. The' trial' court entered an order granting the plaintiff a voluntary non-suit without-prejudice, *814while the defendant’s motion for a summary judgment was pending before it and the defendant now appeals. Reversed and remanded.

The plaintiff, Pontiac Holding Company, had sought to recover under a fire insurance contract issued by defendant, Southern American Fire Insurance Company, for property damage to plaintiff’s…