Dean v. Publix Supermarkets, Inc.

CourtUnited States State Supreme Court of Florida
Citation438 So.2d 1
Docket NumberNo. 62437,62437
PartiesRonald DEAN, Petitioner, v. PUBLIX SUPERMARKETS, INC., etc., Respondent.
Decision Date25 August 1983

Application for Review of the Decision of the District Court of Appeal--Direct Conflict of Decisions; Third District--Case Nos. 81-1806, 81-1850 & 81-1632.

Robert D. Klausner of Pelzner, Schwedock, Finkelstein & Klausner, Miami, for petitioner.

John-Edward Alley and Robert D. Hall, Jr. of Alley & Alley, Tampa, for respondent.

Edward S. Jaffry and William L. Grossenbacher of Horne, Rhodes, Jaffry & Horne, Tallahassee, for Fla. Ass'n of Plumbing, Heating and Cooling Contractors, Inc.; A. Thomas Mihok of Dempsey & Slaughter, Orlando, for Central Fla. Chapter, Associated Builders and Contractors, Inc.; Karen L. Goldsmith and Gary L. Summers of Dempsey & Slaughter, Orlando, for The Fla. Health Care Ass'n and The Florida Health Care Self-Insurers' Fund; Susan Minor, Asst. General Counsel, Coral Gables, for The Wackenhut Corp.; and Joseph Z. Fleming of Fleming & Huck, Miami, for Wynne Enterprises, Inc., of Hialeah, et al., amici curiae.


We accepted jurisdiction of this cause pursuant to article V, section 3(b)(3) of the Florida Constitution based on direct and express conflict between the opinion of the Third District Court of Appeal, Publix Supermarkets, Inc. v. Dean, 416 So.2d 12 (Fla. 3d DCA 1982), and that of the First District Court of Appeal in Piezo Technology and Professional Administrators, Inc. v. Smith, 413 So.2d 121 (Fla. 1st DCA 1982), approved, 427 So.2d 182 (Fla.1983). Because our holding approving the First District Court of Appeal controls this cause, we quash the decision of the Third District and remand for further proceedings consistent with our opinion in Piezo Technology.

It is so ordered.


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