JACK ECKERD CORPORATION AND TRAVELERS INSURANCE COMPANY, PETITIONERS,
v.
WILLIAMSON CADILLAC LEASING, INC., ET AL., RESPONDENTS

Fla. | 1987-06-04
No. 68528
MCDONALD, C.J., and OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
507 So. 2d 1102 Florida Supreme Court (1987)

Opinion of the Court
PER CURIAM.

PER CURIAM.

We review Jack Eckerd Corp. v. Williamson Cadillac Leading, Inc., 485 So. 2d 485 (Fla. 3d DCA 1986), because of direct and express conflict with Blue Cross and Blue Shield, of Florida, Inc. v. Matthews, 498 So. 2d 421 (Fla.1986). Art. V, § 3(b)(3), Fla. Const. The trial court granted summary judgment to respondents, defendants below, on the ground that section 627.7372, Florida Statutes (1981), barred petitioners’ suit in subrogation. The district court affirmed. We decided this issue contrary to the lower courts’ rulings in Matthews. We quash the decision below and remand for proceedings consistent with Matthews.

It is so ordered.

MCDONALD, C.J., and OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.


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