JOANNE PALACINO, PETITIONER,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., RESPONDENT

Fla. | 1991-10-03
No. 76318
SHAW, C.J. and OVERTON, GRIMES and HARDING, JJ., concur., KOGAN, J., dissents with an opinion, in which BARKETT, J., concurs., McDONALD, J., dissents.
589 So. 2d 239 Florida Supreme Court (1991) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

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.

Dissent
KOGAN, Judge,

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.


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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…

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