PANNELL KERR FORSTER, PETITIONER,
v.
VAUGHN DURHAM, ET AL., RESPONDENTS
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PER CURIAM.
We accepted review of Durham v. Palm Court, Inc., 558 So. 2d 59 (Fla. 4th DCA 1990), based on express and direct conflict with First Florida Bank, N.A. v. Max Mitchell & Co., 541 So. 2d 155 (Fla. 2d DCA 1989), quashed, 558 So. 2d 9 (Fla.1990), and Gordon v. Etue, Wardlaw & Co., 511 So. 2d 384 (Fla. 1st DCA 1987), disapproved, First Florida Bank, 558 So. 2d at 16. We now find that the basis of conflict jurisdiction has been eliminated by our opinion in First Florida Bank. Moreover, we find the result reached by the district court below to be consistent with the analysis in First Florida Bank. Accordingly, this petition is dismissed for lack of conflict jurisdiction.
It is so ordered.
SHAW, C.J., and OVERTON, McDonald, ehrlich, barkett, GRIMES and KOGAN, JJ., concur. NO MOTION FOR REHEARING WILL BE ENTERTAINED BY THE COURT.
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THE Ocean Ritz OF Daytona Condo. v. GGV Assocs., Ltd, 710 So. 2d 702 (Fla. 5th DCA 1998)…First American Title Insurance Co. v. First Title Service Co., 457 So. 2d 467 (Fla.1984). . Angel, Cohen & Rogovin v. Oberon Investment, N.V., 512 So. 2d 192 (Fla.1987). . Durham v. Palm Court, Inc., 558 So. 2d 59 (Fla. 4th DCA), review dismissed 566 So. 2d 256 (Fla.1990). . The issue of whether a duly may arise from a third-party relationship to justify a negligence action has independent significance even if the economic loss rule is considered. For example, assume a balcony fails because faulty design.…
Authorities Cited
- First Fla. Bank, N.A. v. MAX Mitchell & Co., 558 So. 2d 9 (Fla. 1990)
- Gordon v. Etue, Wardlaw & Co., P.A., 511 So. 2d 384 (Fla. 1st DCA 1987)
- State v. Joni Lisa Hicks, 558 So. 2d 59 (Fla. 2d DCA 1990)
- First Fla. Bank, N.A. v. MAX Mitchell & Co., P.A., 541 So. 2d 155 (Fla. 2d DCA 1989)