EUGENE FRANCIS CLARKE ET UX., PETITIONERS,
v.
UNITED SERVICES AUTOMOBILE ASSOCIATION, ETC., RESPONDENT

Fla. | 2002-05-16
No. SC00-1552
WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS, and QUINCE, JJ., concur.
818 So. 2d 501 Florida Supreme Court (2002) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We initially accepted review of United Services Automobile Ass’n v. Clarke, 757 So. 2d 554 (Fla. 4th DCA 2000), based on apparent express and direct conflict with several decisions of this Court as well as with another district court decision. Upon closer examination, however, we find that jurisdiction was improvidently granted in this case. Therefore, we dismiss review of this cause.

It is so ordered.

WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS, and QUINCE, JJ., concur.


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  • Cent. Dade Malpractice Tr. Fund v. Shapiro, 827 So. 2d 1032 (Fla. 3d DCA 2002)
    …f the statute, compare Green v. Life & Health of America, 704 So. 2d 1386 (Fla.1998), (b) that the carrier was on binding notice of the misrepresentation, see United Servs. Auto. Ass’n v. Clarke, 757 So. 2d 554 (Fla. 4th DCA 2000), review dismissed, 818 So. 2d 501 (Fla.2002); Paolasini, 489 So. 2d at 89, and (c) that there was competent evidence that the insurer had not relied on it. On these grounds, the defendant’s motion for directed verdict at the conclusion of the evidence should have been granted, and…

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