DAVID GAL v. PREPARED INSURANCE COMPANY (2017)

Supreme Court of Florida.

DAVID GAL, Petitioner, v. PREPARED INSURANCE COMPANY, Respondent.

No. SC16-2190

Decided: November 16, 2017

Arnold R. Ginsberg of Arnold R. Ginsberg, P.A., Miami, Florida; and Justin P. Cernitz of Cernitz & Shanbron, P.A., Miami, Florida, for Petitioner Elizabeth K. Russo of Russo Appellate Firm, P.A., Miami, Florida; and Maria Medina of Diaz Briscoe Medina, P.A., Miami, Florida, for Respondent Kansas R. Gooden of Boyd & Jenerette, P.A., Jacksonville, Florida; and Elaine D. Walter of Gaebe, Mullen, Antonelli & DiMatteo, Coral Gables, Florida, for Amicus Curiae Florida Defense Lawyers Association

We initially accepted jurisdiction to review the decision of the Fourth District Court of Appeal in Prepared Ins. Co. v. Gal, 209 So. 3d 14 (Fla. 4th DCA 2016), on grounds of express and direct conflict with Trinidad v. Fla. Peninsula Ins. Co., 121 So. 3d 433 (Fla. 2013), and also with Colon v. Lara, 389 So. 2d 1070 (Fla. 3d DCA 1980). See art. V, § 3(b)(3), Fla. Const. Having considered the Fourth District's opinion and the briefs of the parties, upon further review, we have determined that we should exercise our discretion and discharge jurisdiction. Accordingly, we hereby dismiss review.

It is so ordered.

NO MOTION FOR REHEARING WILL BE ALLOWED.

PER CURIAM.

LABARGA, C.J., and PARIENTE, QUINCE, POLSTON, and LAWSON, JJ., concur. CANADY, J., concurs in result. LEWIS, J., dissents.

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