ALLSTATE INSURANCE COMPANY, PETITIONER,
v.
DONNA L. SCHWARTZER, ALBERT SCHWARTZER AND ARTHUR POKORNY, RESPONDENTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the District Court of Appeal's decision was in conflict with prior Supreme Court precedent and should be quashed.
The District Court of Appeal reversed a declaratory judgment, relying on its prior decisions. The Supreme Court had previously addressed similar issue…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Conflict Certiorari cases and more on FLexlaw
This cause is before us on petition for writ of certiorari to review the decision of the District Court of Appeal, Third District, reported at 217 So.2d 843, which opinion is as follows:
“PER CURIAM.
“This appeal presents the same issue which has previously been dealt with in Ringenberger v. General Accident F. & L. Assur. Corp., Fla.App. 1968, 214 So.2d 376; Sellers v. Government Employees Insurance Co., Fla.App. 1968, 214 So.2d 879; and Morrison Assurance Company, Inc. v. Polak, Fla.App. 1968, 216 So.2d 484 (opinion filed in this court December 17, 1968).
“In the last cited decision we followed the reasoning set forth in the Sellers decision and noted possible conflict with the Ringenberger decision. Appellee has unsuccessfully attempted to distinguish the present case from the Sellers case. We therefore reverse the declaratory judgment on the authority of the Sellers and Morrison decisions.
“Reversed and remanded with directions to enter judgment for the appellants.”
*103Since the filing of the petition for writ of certiorari in this case, the Court has decided the point of law in question in Morrison Assurance Company, Inc. v. Po-lak, 230 So.2d 6, opinion filed December 17, 1969, quashing the decision of the District Court which was relied on by the District Court in the instant case. Also, this Court has denied certiorari, on the basis of the Morrison Assurance Company opinion, in the case of Ringenberger v. General Accident F. & L. Assur. Corp., 232 So.2d 381, opinion filed March 18, 1970.
Accordingly, petition for writ of certio-rari is granted, the decision of the District Court is quashed and the cause remanded for disposition not inconsistent with the views expressed in the Morrison Assurance Company case, supra.
It is so ordered.
ERVIN, C. J., and ROBERTS, DREW, CARLTON and BOYD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Schwartzer v. Allstate Ins. Co., 239 So. 2d 82 (Fla. 3d DCA 1970)…So. 2d 843) reversing the order of the Circuit Court of Dade County, Florida, in the above styled cause; and Whereas, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed April 15, 1970 (234 So. 2d 102) and mandate dated May 4, 1970 quashed this court’s judgment; Now, therefore, It is ordered that the mandate of this court heretofore issued in this cause on February 11, 1969 is withdrawn, the opinion and judgment of this court filed January 14, 1…
Authorities Cited
- Sellers v. Gov't Emps. Ins. Co., 214 So. 2d 879 (Fla. 1st DCA 1968)
- Morrison Assurance Co., Inc. v. Polak, 230 So. 2d 6 (Fla. 1969)
- Ringenberger v. Gen. Accident Fire & Life Assurance Corp., Ltd., 214 So. 2d 376 (Fla. 4th DCA 1968)
- Morrison Assurance Co., Inc. v. Polak, 216 So. 2d 484 (Fla. 3d DCA 1968)
- Ringenberger v. Gen. Accident Fire & Life Assurance Corp. Ltd., 232 So. 2d 381 (Fla. 1970)
- Sokol v. State, 217 So. 2d 843 (Fla. 3d DCA 1969)
- Schwartzer v. Allstate Ins. Co., 217 So. 2d 843 (Fla. 3d DCA 1969)