Opinion
No. 64464.
August 15, 1985.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, First District — Case No. AN-24.
David M. Maloney, Deputy Gen. Counsel, Dept. of Business Regulation, Tallahassee, for petitioner.
E.C. Denno Kitchen, Brian S. Duffy and Robert King High, Jr. of Ervin, Varn, Jacobs, Odom and Kitchen, Tallahassee, for respondent.
This cause is before us on petition to review Bryan v. State, Department of Business Regulation, 438 So.2d 415 (Fla. 1st DCA 1983), in which the district court held that respondent could maintain an action against petitioner for the negligent inspection of an elevator. We find conflict with our recent decision in Trianon Park Condominium Association v. City of Hialeah, 468 So.2d 912 (Fla. 1985), and we quash the decision of the district court in the instant case.
We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.
It is so ordered.
BOYD, C.J., and OVERTON, ALDERMAN and McDONALD, JJ., concur.
EHRLICH, J., dissents with an opinion in which ADKINS, J., concurs.
SHAW, J., dissents with an opinion in which ADKINS, J., concurs.
I dissent for the reasons set forth in my dissent in Trianon.
ADKINS, J., concurs.
I dissent for the reasons set forth in my dissents to Trianon Park Condominium Association v. City of Hialeah, 468 So.2d 912 (Fla. 1985), and Everton v. Willard, 468 So.2d 936 (Fla. 1985).
ADKINS, J., concurs.