Opinion
No. 76338.
October 3, 1991.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions Fourth District — Case No. 89-0614 (Martin County).
Eric J. Bruning of Goldman, Bruning Angelos, P.A., Port St. Lucie, for petitioner.
Richard C. Singer of Kane, Williams Singer, P.A., Rockledge, for respondents.
We have for review Frank v. Morgan, 563 So.2d 207 (Fla. 4th DCA 1990), which affirmed the trial court on the authority of State Farm Mutual Automobile Insurance Co. v. Palacino, 562 So.2d 837 (Fla. 4th DCA 1990), approved, 589 So.2d 239 (Fla. 1991). We approved the Fourth District Court's decision in Palacino in accordance with our decision in Brixius v. Allstate Insurance Co., 589 So.2d 236 (Fla. 1991). Accordingly, the decision of the district court in this cause is approved.
It is so ordered.
SHAW, C.J. and GRIMES and HARDING, JJ., concur.
BARKETT, J., concurs in result only.
KOGAN, J., dissents with an opinion.
McDONALD, J., dissents.
I dissent based upon my dissenting opinion in Brixius v. Allstate Insurance Co., 589 So.2d 236 (Fla. 1991).
BARKETT, J., concurs.