Meyer v. Aetna Cas. & Sur. Co.
| Decision Date | 05 July 1978 |
| Docket Number | No. 77-457,77-457 |
| Citation | 360 So.2d 462 |
| Court | Florida District Court of Appeals |
| Parties | John MEYER, Appellant, v. AETNA CASUALTY & SURETY COMPANY, Appellee. |
Walton & Garrick and Edward L. Walton, Miami, for appellant.
Ress, Gomez, Rosenberg, Berke & Howland and Roland H. Gomez, North Miami, for appellee.
Before PEARSON, NATHAN and KEHOE, JJ.
Appellant, plaintiff below, brings this appeal from an order dated February 15, 1977, entered by the trial court dismissing his complaint for lack of jurisdiction. We reverse.
After reviewing the record in this cause, we are of the opinion that appellant's complaint was improperly dismissed by the trial court for lack of jurisdiction. The complaint sought basically the reformation of a contract of insurance to reflect the intent of the parties. We believe that the trial court had jurisdiction to entertain the complaint. Art. V, § 5(b), Fla.Const. See generally Petrine v. D. Black & Sons, Inc., 338 So.2d 912 (Fla. 3d DCA 1976); Perez v. State Auto Insurance, 270 So.2d 377 (Fla. 3d DCA 1972); and Poindexter v. Equitable Life Assurance Society, 127 W.Va. 671, 34 S.E.2d 340 (1945). Accordingly, the order appealed is reversed and the cause is remanded for further proceedings consistent with this opinion.
Reversed and remanded.
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...accord, Palilla v. St. Paul Fire and Marine Insurance Company, 322 So.2d 46 (Fla. 1st DCA 1975); see also Meyer v. Aetna Casualty & Surety Company, 360 So.2d 462 (Fla. 3d DCA 1978); Urbaine Fire Insurance Company of Paris, France v. Combs, 108 Fla. 262, 145 So. 585 Accordingly, holding that......
- Aetna Casualty & Surety Co. v. Meyer