Opinion
No. 85457
July 18, 1996
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, Third District — Case Nos. 94-746 and 94-1547 (Dade County).
Arnold R. Ginsberg of Arnold R. Ginsberg, P.A., Miami, Frances Schreiber, and John W. Virgin, Miami, for Petitioners.
Sheila Wolfson Moylan, Coconut Grove, for Respondent.
We granted review of Stevens v. American Bankers Insurance Co. of Florida, 651 So.2d 1219 (Fla. 3d DCA 1995), based upon express and direct conflict with the opinion in Smith v. General Accident Insurance Co., 641 So.2d 123 (Fla. 4th DCA 1994). See Art. V, § 3 (b)(3), Fla. Const. However, after closer examination of the two cases, we have determined that there is no express and direct conflict. Jurisdiction was therefore improvidently granted and the petition for review is accordingly dismissed.
It is so ordered.
KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.
NO MOTION FOR REHEARING WILL BE ALLOWED.