JAMES D. STERLING, ET AL., PETITIONERS,
v.
THE OHIO CASUALTY INSURANCE COMPANY, RESPONDENT
JAMES D. STERLING, ET AL., PETITIONERS,
THE OHIO CASUALTY INSURANCE COMPANY, RESPONDENT
967 So. 2d 846
Florida Supreme Court (2007)
Caution
Cited by 33 cases
Opinion of the Court
PER CURIAM.
We originally accepted jurisdiction to review the Second District Court of Appeal’s decision in Sterling v. Ohio Casualty Insurance Co., 936 So. 2d 43 (Fla. 2d DCA 2006), based on express and direct conflict with other Florida appellate decisions. After further consideration, we have determined that jurisdiction was improvidently granted and that we should decline jurisdiction. See art. V, § 3(b)(3), Fla. Const. Accordingly, we hereby dismiss review.
It is so ordered.
LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur.
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Fla. Dep't OF Corr. v. Abril, 969 So. 2d 201 (Fla. 2007)…e explained in previous decisions, I would adopt the traditional foreseeability analysis applicable to negligence claims as the more appropriate framework for a limitation on tort recovery in this state. See, e.g., Willis v. Gami Golden Glades, LLC, 967 So. 2d 846, 863 (Fla. 2007) (Pariente, J., concurring); Rowell, 850 So. 2d at 484 (Pariente, J., specially concurring); Gracey v. Eaker, 837 So. 2d 348, 359 (Fla.2002) (Pariente, J., concurring). “As a practical matter, the traditional foreseeability analysis…1 / 2
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Arsali v. Chase Home Fin. LLC, 121 So. 3d 511 (Fla. 2013)…ces. E.g., Roberts v. Brown, 43 So. 3d 673, 683 (Fla.2010) (“Had we intended to overrule our prior declaration ... we would have done so in a more definite and express manner than the aforementioned language....”); Willis v. Gami Golden Glades, LLC, 967 So. 2d 846, 875 (Fla.2007) (“[W]e do not recede from our cases sub silentio.”); Puryear v. State, 810 So. 2d 901, 905 (Fla.2002) (“We take this opportunity to expressly state that this Court does not intentionally overrule itself sub silentio.”). This Court ha…
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Cynda Futch and Willie Futch v. Wal-Mart Stores, Inc., 988 So. 2d 687 (Fla. 1st DCA 2008)…affidavit of Mrs. Futch, filed in opposition to the motion for summary judgment, however, raised issues of material fact regarding whether she had been touched. Under these circumstances, reversal is mandated. See Willis v. Gami Golden Glades, LLC, 967 So. 2d 846 (Fla.2007). Cynda Futch and Willie Futch filed a two-count complaint on January 20, 2006, following the abduction of Cynda Futch from the Wal-Mart parking lot on November 22, 2002. Count I sought damages for negligent infliction of emotional distre…
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- Sterling v. The Ohio Cas. Ins. Co., 936 So. 2d 43 (Fla. 2d DCA 2006)