State Farm Mutual Automobile Insurance Co. v. McCarthy

Supreme Court of Florida

State Farm Mutual Automobile Insurance Co. v. McCarthy

679 So. 2d 772, 21 Fla. L. Weekly Supp. 365, 1996 Fla. LEXIS 1516

CourtSupreme Court of Florida

DecidedSeptember 12, 1996

DocketNo. 87123

StatusPublished

Cited by1 cases

This text of 679 So. 2d 772 (State Farm Mutual Automobile Insurance Co. v. McCarthy) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State Farm Mutual Automobile Insurance Co. v. McCarthy, 679 So. 2d 772, 21 Fla. L. Weekly Supp. 365, 1996 Fla. LEXIS 1516 (Fla. 1996).

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Opinion

PER CURIAM.

We review State Farm, Mutual Automobile v. McCarthy, 664 So.2d 317 (Fla. 1st DCA 1995), in which the court affirmed on the authority of Warren v. Travelers Insurance Co., 650 So.2d 1082 (Fla. 1st DCA 1995), and certified conflict with Bulone v. United Services Automobile Ass’n, 660 So.2d 399 (Fla. 2d DCA 1995). The court also certified the question which created the conflicting decisions as one of great public importance. McCarthy, 664 So.2d at 317. We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.

We recently quashed the decision in Warren and approved the result of the decision in Bulone. Travelers Insurance Co. v. Warren, 678 So.2d 324 (Fla.1996). Therefore, we quash the decision below.

It is so ordered.

KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING and WELLS, JJ., concur. ANSTEAD, J., dissents.

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PER CURIAM.

We review State Farm, Mutual Automobile v. McCarthy, 664 So.2d 317 (Fla. 1st DCA 1995), in which the court affirmed on the authority of Warren v. Travelers Insurance Co., 650 So.2d 1082 (Fla. 1st DCA 1995), and certified conflict with Bulone v. United Services Automobile Ass’n, 660 So.2d 399 (Fla. 2d DCA 1995). The court also certified the question which created the conflicting decisions as one of great public importance. McCarthy, 664 So.2d at 317. We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.

We recently quashed the decision in Warren and approved the result of the decision in Bulone. Travelers Insurance Co. v. Warren, 678 So.2d 324 (Fla.1996). Therefore, we quash the decision below.

It is so ordered.

KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING and WELLS, JJ., concur. ANSTEAD, J., dissents.

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679 So. 2d 772, 21 Fla. L. Weekly Supp. 365, 1996 Fla. LEXIS 1516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mutual-automobile-insurance-co-v-mccarthy-fla-1996.

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