From Casetext: Smarter Legal Research

Helton v. Phoenix Insurance Company

Supreme Court of Florida
May 14, 1976
330 So. 2d 724 (Fla. 1976)

Opinion

No. 46111.

April 7, 1976. Rehearing Denied May 14, 1976.

Writ of Certiorari to the District Court of Appeal, First District, 298 So.2d 177.

Charles L. Cetti of Phillips, Williams, McGraw, Cetti Hall, Pensacola, for petitioner.

Robert P. Gaines of Beggs, Lane, Daniel, Gaines Davis, Pensacola, for respondent.


We tentatively granted jurisdiction in this case on the basis of an apparent conflict of appellate court decisions, under Article V, Section 3(b)( 3) of the Florida Constitution. Oral argument having been waived and the matter having been fully considered on the parties' briefs, we now find that the writ was improvidently issued and should be, accordingly, discharged.

OVERTON, C.J., and ROBERTS, ENGLAND, SUNDBERG and HATCHETT, JJ., concur.

ADKINS and BOYD, JJ., dissent.


Summaries of

Helton v. Phoenix Insurance Company

Supreme Court of Florida
May 14, 1976
330 So. 2d 724 (Fla. 1976)
Case details for

Helton v. Phoenix Insurance Company

Case Details

Full title:HENRY EUGENE HELTON, PETITIONER, v. PHOENIX INSURANCE COMPANY, RESPONDENT

Court:Supreme Court of Florida

Date published: May 14, 1976

Citations

330 So. 2d 724 (Fla. 1976)

Citing Cases

United Services Automobile Ass'n v. Selz

"[W]hen an insured intends to cause an injury, the result of his action does not constitute an accident even…

Roberts v. Carter

The district court erred in allowing attorney's fees, and its reliance on Queen v. Travelers Insurance Co.,…