State Farm Mut. Auto. Ins. Co. v. Curtin

• Decision Date: 23 October 1986
• Docket Number: No. 65387,65387
• Citation: State Farm Mut. Auto. Ins. Co. v. Curtin, 496 So.2d 815, 11 Fla. L. Weekly 548 (Fla. 1986)
• Parties: 11 Fla. L. Weekly 548 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. Thomas John CURTIN and Thomas P. Curtin, Respondents.
• Court: Florida Supreme Court

Page 815

496 So.2d 815

11 Fla. L. Weekly 548

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. Thomas John CURTIN and Thomas P. Curtin, Respondents.

No. 65387.

Supreme Court of Florida.

Oct. 23, 1986.

Application for Review of the Decision of the District Court of Appeal--Direct Conflict of Decisions; Fifth District--Case No. 82-599.

James O. Driscoll of Driscoll, Langston, Kane and Hess, Orlando, for petitioner.

Herbert H. Hall, Jr. and Deborah C. Edens of Maher, Overchuck, Langa and Lobb, Orlando, for respondents.

PER CURIAM.

We accepted jurisdiction to review Curtin v. State Farm Mutual Automobile Insurance Co., 449 So.2d 293 (Fla. 5th DCA 1984) pending our review of Boynton v. Allstate Insurance Co., 443 So.2d 427 (Fla. 5th DCA 1984), quashed, 486 So.2d 552 (Fla.1986). Although we recently quashed the district court decision in Boynton, we expressly approved of that portion of the opinion which was relied on by the district court in the instant case. Finding no conflict to support this Court's jurisdiction, the petition for review is dismissed.

It is so ordered.

McDONALD, C.J., and ADKINS, BOYD, OVERTON, EHRLICH, SHAW and BARKETT, JJ., concur.

NO MOTION FOR REHEARING WILL BE ENTERTAINED BY THE COURT. SEE FLA.R.APP.P. 9.330(d).