State Farm Mutual, Etc. v. Gregory Grove

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Supreme Court of Florida ____________ No. SC95750 ____________ STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, vs. GREGORY GROVE, Respondent. [September 7, 2000] QUINCE, J. We have for review State Farm Mutual Automobile Insurance Co. v. Grove, 730 So. 2d 428 (Fla. 5th DCA 1999), in which the Fifth District Court of Appeal cited as controlling authority Cimino v. U.S. Security Insurance Co., 715 So. 2d 1092 (Fla. 1st DCA 1998), approved, 754 So. 2d 697 (Fla. 2000), which was then pending on review in this Court. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So. 2d 418, 420 (Fla. 1981). Based on our decision in U.S. Security Insurance Co. v. Cimino, 754 So. 2d 697 (Fla. 2000), we approve the Fifth District s decision. It is so ordered. WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE and LEWIS, JJ., concur. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND IF FILED, DETERMINED. Application for Review of the Decision of the District Court of Appeal Direct Conflict Fifth District - Case No. 5D98-2239 (Orange County) Dale T. Gobel of Drage, Debeaubien, Knight, Simmons, Mantzaris & Neal, Orlando, Florida, for Petitioner V. Rand Saltsgaver, Orlando, Florida, for Respondent -2-

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