Opinion
No. 73560.
April 12, 1990.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance; Third District — Case No. 88-432 (Dade County).
Gerald E. Rosser, New Haven, Conn., for petitioner.
Shelley H. Leinicke of Wicker, Smith, Blomquist, Tutan, O'Hara, McCoy, Graham Lane, Fort Lauderdale, for respondent.
Bonita L. Kneeland of Fowler, White, Gillen, Boggs, Villareal Banker, P.A., Tampa, amicus curiae for Florida Ass'n for Ins. Review.
Darryl D. Kendrick, Jacksonville, amicus curiae for The Academy of Florida Trial Lawyers.
We accepted review of Marquez v. Prudential Property Casualty Insurance Co., 534 So.2d 918 (Fla. 3d DCA 1988), because the decision was certified to be in conflict with Shelby Mutual Insurance Co. v. Smith, 527 So.2d 830 (Fla. 4th DCA 1988). We subsequently issued an opinion quashing the district court's opinion in Shelby. Shelby Mut. Ins. Co. v. Smith, 556 So.2d 393 (Fla. 1990). The decision below is consistent with our recent opinion in Shelby, and there is no longer conflict. We therefore discharge the petition for review.
It is so ordered.
EHRLICH, C.J., and OVERTON, McDONALD, BARKETT, GRIMES and KOGAN, JJ., concur.