OTTO GRACE, ET AL., PETITIONERS,
v.
ROYAL INDEMNITY COMPANY, ETC., ET AL., RESPONDENTS; RONALD H. INGRAHAM, PETITIONER, V. TRAVELERS INDEMNITY COMPANY, ETC., ET AL., RESPONDENTS

Fla. | 2005-09-15
Nos. SC03-1272, SC04-881
PARIENTE, C.J., and ANSTEAD, LEWIS and QUINCE, JJ., concur., CANTERO, J., concurs in result only., WELLS and BELL, JJ., dissent.
911 So. 2d 1235 Florida Supreme Court (2005) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We have for review Grace v. Royal Indemnity Co., 858 So. 2d 335 (Fla. 3d DCA 2003), and Ingraham v. Travelers Indemnity Co., 875 So. 2d 667 (Fla. 3d DCA 2004), both of which cite to a case that was pending review in this Court (i.e., Inservices, Inc. v. Aguilera, 837 So. 2d 464 (Fla. 3d DCA 2002), review granted, 847 So. 2d 975 (Fla.2003)). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So. 2d 418 (Fla.1981). We consolidate Grace and Ingraham for purposes of this opinion.

This Court recently quashed the Third District’s decision in Inservices. See Aguilera v. Inservices, Inc., 905 So. 2d 84 (Fla.2005). The Court has thus determined that it should accept jurisdiction in Grace and Ingraham. It is accordingly ordered that the petitions for review in Grace and Ingraham are granted, and those two decisions are quashed and remanded for reconsideration in light of this Court’s decision in Aguilera. No motion for rehearing will be entertained by the Court.

It is so ordered.

PARIENTE, C.J., and ANSTEAD, LEWIS and QUINCE, JJ., concur. CANTERO, J., concurs in result only.

WELLS and BELL, JJ., dissent.


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  • Ingraham v. Travelers Indem. Co., 925 So. 2d 377 (Fla. 3d DCA 2006)
    …I), which has since been quashed by the supreme court. See Aguilera v. Inservices, Inc., 905 So. 2d 84 (Fla.2005) (Aguilera II). The Supreme Court therefore quashed our prior decision and remanded for reconsideration. See Grace v. Royal Indem. Co., 911 So. 2d 1235 (Fla.2005). Appellant argues that Aguilera II affords him a cause of action against the Travelers Indemnity Company. We disagree and again affirm the dismissal of the plaintiffs complaint with prejudice. In 1998, appellant, Ronald Ingraham, filed…

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