LOUIS GERENTINE, ET AL., PETITIONERS,
v.
COASTAL SECURITY SYSTEMS, ET AL., RESPONDENTS
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BARKETT, Justice.
We have for review Gerentine v. Coastal Security Systems, 502 So. 2d 1356 (Fla. 5th DCA 1987), because of stated conflict with Sullivan v. Streeter, 485 So. 2d 893 (Fla. 4th DCA 1986). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The Fifth District affirmed the dismissal of petitioner’s wrongful death action upon the authority of Dessert v. Electric Mutual Liability Ins. Co., 392 So. 2d 340 (Fla. 5th DCA 1981), review denied, 399 So. 2d 1141 (Fla.1981), and Kaplan v. Circuit Court of Tenth Judicial Circuit For Polk County, 495 So. 2d 231 (Fla. 2d DCA 1986). Since accepting. jurisdiction, we have approved the decision of the Fourth District in Sullivan and disapproved Dessert and Kaplan. Streeter v. Sullivan, 509 So. 2d 268 (Fla.1987).
Accordingly, we quash the decision below and remand this case to the district court for reconsideration in light of our decision in Streeter. It is so ordered.
OVERTON, EHRLICH, SHAW, GRIMES and KOGAN, JJ., concur. McDONALD, C.J., dissents.
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D.L. Byrd v. City OF Niceville, 541 So. 2d 696 (Fla. 1st DCA 1989)…rty of the city; the city has the authority to issue the bonds, the purpose of the obligation is legal, and the city’s authorization of the obligation complies with the requirements of law. In Warner Cable Communications, Inc. v. City of Niceville, 520 So. 2d 245 (Fla.1988), the court affirmed that final judgment. In its opinion, the court rejected Warner’s assertion that the trial court improperly struck several of its affirmative defenses.1 The court agreed with the trial court that Warner’s affirmative de…
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Warner Cable Commc'ns, Inc. v. City OF Niceville, 581 So. 2d 1352 (Fla. 1st DCA 1991)…art and reverse in part. This case involves a series of final orders and appellate opinions: (1) a final order in a bond-validation proceeding that was affirmed by the Florida Supreme Court in Warner Cable Communications, Inc. v. City of Niceville, 520 So. 2d 245 (Fla.), cert. denied, 488 U.S. 825, 109 S.Ct. 74, 102 L.Ed.2d 51 (1988) [hereafter referred to as Warner /]; (2) a final order in a subsequent case that was affirmed in part and reversed in part and remanded by this court in Byrd v. City of Nicevill…
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Gerentine v. McCOMB, 586 So. 2d 94 (Fla. 5th DCA 1991)…aintiffs Louis Gerentine and Michael Gerentine, as Personal Representatives of the Estate of Shirley Ann Gerentine, appeal from a final summary judgment dismissing their wrongful death action. We affirm. In Gerentine v. Coastal Securities Systems, 520 So. 2d 245 (Fla.1988), the Florida Supreme Court instructed us to reconsider the elements necessary for the Plaintiffs to plead and prove a cause of action for gross negligence pursuant to section 440.11(1), Florida Statutes, in light of Streeter v. Sullivan,…
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- Streeter v. Sullivan, 509 So. 2d 268 (Fla. 1987)
- Sullivan v. Streeter, 485 So. 2d 893 (Fla. 4th DCA 1986)
- Collier v. State, 392 So. 2d 340 (Fla. 3d DCA 1981)
- Kaplan v. The Cir. Court OF the Tenth Jud. Cir. FOR Polk Cnty., 495 So. 2d 231 (Fla. 2d DCA 1986)
- State v. Griffis, 502 So. 2d 1356 (Fla. 5th DCA 1987)
- Gerentine v. Coastal Sec. Sys., 502 So. 2d 1356 (Fla. 5th DCA 1987)