JOANNE PALACINO, PETITIONER,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., RESPONDENT
PER CURIAM.
We have for review State Farm Mutual Automobile Insurance Co. v. Palacino, 562 So. 2d 837 (Fla. 4th DCA 1990), which certified conflict with Jernigan v. Progressive American Insurance Co., 501 So. 2d 748 (Fla. 5th DCA), review denied, 513 So. 2d 1062 (Fla.1987), disapproved, Brixius v. Allstate Insurance Co., 589 So. 2d 236 (Fla.1991). The court below expressly applied the law as stated in Brixius v. Allstate Insurance Co., 549 So. 2d 1191 (Fla. 2d DCA 1989), which we subsequently have approved. Brixius, 589 So. 2d at 238. Accordingly, the opinion under review 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.
McDONALD, J., dissents.
KOGAN, Judge,
dissenting.
I dissent for the reasons I expressed in Brixius v. Allstate Insurance Co., 589 So. 2d 236 (Fla.1991) (Kogan, J., dissenting).
BARKETT, J., concurs.
Cases With Similar Vibessemantic neighbors from the corpus
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Frank v. Morgan, 589 So. 2d 240 (Fla. 1991)…OVERTON, Judge. We have for review Frank v. Morgan, 563 So. 2d 207 (Fla. 4th DCA 1990), which affirmed the trial court on the authority of State Farm Mutual Automobile Insurance Co. v. Palacino, 562 So. 2d 837 (Fla. 4th DCA 1990), approved, 589 So. 2d 239 (Fla.1991). We approved the Fourth District Court’s decision in Palacino in accordance with our decision in Brixius v. Allstate Insurance Co., 589 So. 2d 236 (Fla.1991). Accordingly, the decision of the district court in this cause is approved. It…
Authorities Cited
- Brixius v. Allstate Ins. Co., 589 So. 2d 236 (Fla. 1991)
- 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)
- Genioveza Perez and Raphael Vargas v. Dep't of Health & Rehabilitative Servs., 562 So. 2d 837 (Fla. 3d DCA 1990)