Lumbermens Mutual Casualty Co. v. Humphries

We are asked to review a decision of the District Court of Appeal, Third District, in which the District Court affirmed a partial summary final declaratory decree against the petitioner. See 178 So.2d 39 (1965).

We find that the decision of the lower court should be quashed on authority of *423Lynch-Davidson Motors v. Griffin, Fla., 182 So.2d 7.

It is so ordered.

THORNAL, C. J., O’CONNELL and ERVIN, JJ., and KANNER, District Court Judge (Ret.), concur. CALDWELL, J., dissents.