GLORIA HERNANDEZ, Appellant, v. BANKERS AMERICAN LIFE ASSURANCE COMPANY, Appellee.

No. 98-1461District Court of Appeal of Florida, Fifth District.
Opinion filed January 15, 1999 JANUARY TERM 1999

Appeal from the Circuit Court for Orange County, Richard F. Conrad, Judge.

Carlos R. Diez-Arguelles of Martinez, Manglardi Diez-Arguelles, P.A., Orlando, for Appellant.

Martin B. Unger and Stephen A. Weinstein of Unger, Swartwood, Latham Indest, P.A., Orlando, for Appellee.

COBB, J.

We reverse the trial court’s order of dismissal with prejudice for lack of jurisdiction. Upon specific inquiry by this court, counsel for the appellee insurer was forced to concede, contrary to his representations to the trial court, that a renewal policy of insurance was issued to the insured while she was a resident of this state.

REVERSED AND REMANDED.

Page 406

HARRIS, J., concurs.

PETERSON, J., concurs in result only.

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