173 So. 2d 514 | Fla. Dist. Ct. App. | 1964
This court, on February 4, 1964, rendered an opinion affirming in part and reversing in part a summary judgment in favor of Victor S. Brandao and others. Brandao and others are Cuban nationals who sued Confederation Life Association for the cash surrender value of certain life insurance policies issued to them by Confederation Life Association in Cuba. The policies were payable in Havana, Cuba, and in Cuban pesos.
Since the decision and opinion of this court as announced on February 4, 1964, in the within cause, is in conflict with the opinion and decision of the Supreme Court of Florida as reflected by that court’s opinion of February 24, 1964, aforesaid, we hereby recede from, vacate and withdraw the opinion of this court dated February 4, 1964. The opinion of the Supreme Court of Florida in the Ugalde case is controlling and in its application to the facts in the case at bar, requires a reversal of the summary judgment appealed. The petition for rehearing filed by appellant Confederation Life Association is granted.
Accordingly the summary judgment appealed is reversed and the cause is remanded with directions to dismiss the amended bill of complaint.
Reversed and remanded with directions.
. Rehearing denied April 8, 1964.