
    SOUTHEAST TITLE AND INSURANCE COMPANY, Appellant, v. Russell W. HASTINGS, Juliana Hastings, Johanna Delburn and Anny A. Gleason, jointly and severally, Appellees.
    Nos. 70-40 and 70-114.
    District Court of Appeal of Florida, Fourth District.
    July 17, 1970.
    Rehearing Denied Sept. 18, 1970.
    James C. Paine, John R. Beranek and Paul C. Wolfe of Jones, Adams, Paine & Foster, West Palm Beach, for appellant.
    Larry Klein of Cone, Wagner, Nugent, Johnson, McKeown & Dell, West Palm Beach, for appellees Hastings.
   PER CURIAM.

Affirmed.

CROSS, C. J., and McCAIN, J., concur.

WALDEN, J., dissents, with opinion.

WALDEN, Judge

(dissenting).

I am satisfied that from the record there are facts and inferences which point up genuine issues of material fact. This being so, summary judgment procedure was improperly employed and I would reverse. There was an issue as to whether the Rambler automobile in question was covered under the terms of the policy. More specifically, there are issues as to whether the Rambler was a replacement for the Falcon, whether the Falcon was inoperable and whether required notice of acquisition was given to the company.

I respectfully dissent and would reverse the summary judgment and remand for further proceedings.  