PATRICIA A. SHARON, PETITIONER,
v.
STATE FARM FIRE & CASUALTY COMPANY, RESPONDENT
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The court granted rehearing en banc, withdrew its prior opinion, and certified a question to the Florida Supreme Court, vacating a trial court's order denying habeas corpus relief due to a shift in the Department of Corrections' position regarding the appellant's entitlement to release.
The court vacated the trial court's order denying the petition for writ of habeas corpus and remanded for further proceedings, acknowledging the Department of Corrections' lack of authority to correct an illegal sentence but finding its reliance on Wilson v. State misplaced.
Genorval Slay sought habeas corpus relief, alleging failure to receive credit for gain-time earned during the service of his original split sentence. …
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PER CURIAM.
We have for review Sharon v. State Farm Fire & Casualty Co., 561 So. 2d 302 (Fla. 2d DCA 1990), in which the Second District Court of Appeal affirmed the entry of summary judgment on the authority of Brixius v. Allstate Insurance Co., 549 So. 2d 1191 (Fla. 2d DCA 1989), and certified its decision as in conflict with Jernigan v. Progressive American Insurance Co., 501 So. 2d 748 (Fla. 5th DCA), review denied, 513 So. 2d 1062 (Fla.1987). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We recently approved the district court’s decision in Brixius and disapproved the decision in Jernigan. Brixius v. Allstate Insurance Co., No. 75,026, 1991 WL 194207 (Fla. Oct. 3, 1991). Accordingly, the district court’s decision in this case is approved.
It is so ordered.
SHAW, C.J. and OVERTON, GRIMES and HARDING, JJ., concur. KOGAN, J., dissents with an opinion, in which BARKETT, J., concurs.
MeDONALD, J., dissents.
KOGAN, Judge,
dissenting.
I dissent for the reasons I expressed in Brixius v. Allstate Insurance Co., No. 75,026, 1991 WL 194207 (Fla. Oct. 3, 1991) (Kogan, J., dissenting).
BARKETT, J., concurs.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Reed v. State, 501 So. 2d 748 (Fla. 1st DCA 1987)
- Jernigan v. Progressive Am. Ins. Co., 501 So. 2d 748 (Fla. 5th DCA 1987)
- Brixius v. Allstate Ins. Co., 549 So. 2d 1191 (Fla. 2d DCA 1989)
- Sharon v. State Farm Fire & Cas. Co., 561 So. 2d 302 (Fla. 2d DCA 1990)
- Kickliter v. Reale, 561 So. 2d 302 (Fla. 2d DCA 1990)