Graff Enterprises v. Canal Insurance Co.

CARROLL, DONALD, K., Judge.

The plaintiff in an action on an automobile insurance policy has appealed from a final summary judgment entered for the defendant by the Circuit Court for Duval County.

The basic question presented for our determination in this appeal is whether the court in entering the said judgment correctly ruled as a matter of law, that a certain transaction involving an automobile covered by the policy did not constitute a theft within the provisions of that policy.

The undisputed facts, as shown by the record before the court at the hearing on the defendant’s motion for a…