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IN TNT DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURi`ti DISTRICT JANUARY TERM 1980
RAN INVESTI~NTS INC . , a ) NOT FINAL UNTIL TIME EXPIRES
Florida Corporation, ) 1'O FILE I'C;~~AR!AC P`TiTION
AND, IF FiL~D, D:SE'GSLD OF.
Appellant. )
- v. ) CASE N0. 78-1128.
INDIANA INSURANCE COMPANY, a )
foreign corporation and )
COMMUNITY FEDERAL SAVINGS AND ) ~
LOAN ASSOCIATION OF RIVIERA }
BEACH, a Florida corporation., )
Appellees. j - 1
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- Opinion filed January 30, 1980
Appeal from ,the Circuit Court for - j
St. Lucie County; Dwight L. Geiger, t ~
Judge.
Charles C. Powers and Forrest
Barnhart of Montgomery, Lytal., Reiter,
Denney & Searcy, P.A., West Palm Beach,
for appellant.
John R. Hargrove of McCune, Hiaasen, Crum,
Ferris ~ Gardner, P.A., Fort Lauderdale, _ -
for Appellee-Indiana Insurance Company.
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DOWNEY, C.J. ~
Appellant, Ran Investments, Inc., appeals from a final
judgment dismissing its complaint with prejudice. _
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f Appellant's amended complaint alleged that it owned cer-
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~ taro improved realty which it leased to Gerald and Elsie Kral; .
j that the Krals procured a policy of insurance from appellee,
Indiana Insurance Company, protecting said property against fire
.and other hazards; said policy contained a mortgagee clause nam-
~ ing as mortgagee the appellee, Community Federal Savings & Loan
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Association, as its interest may appear. The complaint further
alleged that the property was damaged by fire; Community Federal- ~
~ .demanded payment on said policy but the insurance company refused
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~o pay; and that Community Federal refuses to pursue legal .action
~ against the insurance company. Finally, appellant alleges that
it is entitle' to recover on said poL-~cy. The trial court dis-
r~issed the 2nended complaint and it is that order which we are
3 asked to review here.
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8328 P~1~
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