Aetna Life & Casualty Company v. Thorn

319 So.2d 82 (1975)

AETNA LIFE & CASUALTY COMPANY, Appellant,

v.

Margaret M. THORN and Her Son, Stephen Thorn, a Minor, by and through His Mother and Natural Guardian, Margaret Thorn, Appellees.

No. 74-1630.

District Court of Appeal of Florida, Third District.

September 30, 1975.

Stephens, Magill, Thornton & Sevier, Miami, for appellant.

Sepler & Sussman and Irma V. Hernandez, Hialeah, for appellees.

Before PEARSON, HENDRY and HAVERFIELD, JJ.

PEARSON, Judge.

The question to be decided here is whether a judgment should be set aside when it appears after judgment that the trial judge should not have tried…