Florida Insurance Guaranty Ass'n, Inc. v. Whistler's Park, Inc.

140 So. 3d 996, 2014 WL 2516244, 2014 Fla. LEXIS 1810

• Court: Supreme Court of Florida
• Decided: June 5, 2014
• Docket: SC12-1661
• Status: Published

Opinion

PER CURIAM.

We initially accepted jurisdiction of the Fifth District Court of Appeal’s decision in Whistler’s Park, Inc. v. Florida Insurance Guaranty Ass’n, 90 So.3d 841 (Fla. 5th DCA 2012), on the ground that it expressly and directly conflicts with decisions of other district courts of appeal and of this Court: Southern Home Insurance Co. v. Putnal, 57 Fla. 199, 49 So. 922, (1909); Gonzalez v. State Farm Florida Insurance Co., 65 So.3d 608 (Fla. 3d DCA 2011); Edwards v. State Farm Florida Insurance Co., 64 So.3d 730 (Fla. 3d DCA 2011); Arnica Mutual Insurance Co. v. Drummond, 970 So.2d 456 (Fla. 2nd DCA 2007); Goldman v. State Farm Fire General Insurance Co., 660 So.2d 300 (Fla. 4th DCA 1995); and Stringer v. Fireman’s Fund Insurance Co., 622 So.2d 145 (Fla. 3d DCA 1993). See art. V, § 3(b)(3), Fla. Const.

Upon further consideration, we have determined that we should exercise our discretion and discharge jurisdiction. Accordingly, we hereby discharge jurisdiction and dismiss review.

It is so ordered.

POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, LABARGA, and PERRY, JJ., concur. CANADY, J., dissents.