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Schneider v. Suncoast Homes, Inc.

Citations: 530 So. 2d 59; 13 Fla. L. Weekly 544; 1988 Fla. LEXIS 950; 1988 WL 93701Docket: Nos. 71969, 72093

Court: Supreme Court of Florida; September 1, 1988; Florida; State Supreme Court

Narrative Opinion Summary

The court reviews the case Suncoast Homes, Inc. v. Humana of Florida, Inc., which presents a certified direct conflict with American Motorists Insurance Co. v. Coll. The court disapproved the latter decision and resolved the underlying issue in a manner contrary to the petitioners' stance in Liberty Mutual Insurance Co. v. Chambers. The court approves the decision from the lower court. The concurrence includes Chief Justice Ehrlich and Justices Overton, McDonald, Shaw, Barkett, Grimes, and Kogan.

Legal Issues Addressed

Adherence to Lower Court Decision

Application: The court upheld the decision from the lower court, aligning its judgment with the conclusions reached there.

Reasoning: The court approves the decision from the lower court.

Judicial Concurrence

Application: The decision was concurred by Chief Justice Ehrlich and Justices Overton, McDonald, Shaw, Barkett, Grimes, and Kogan, indicating unanimity or agreement among the justices.

Reasoning: The concurrence includes Chief Justice Ehrlich and Justices Overton, McDonald, Shaw, Barkett, Grimes, and Kogan.

Rejection of Petitioners' Argument

Application: The court resolved the issue contrary to the position advocated by the petitioners in Liberty Mutual Insurance Co. v. Chambers.

Reasoning: The court disapproved the latter decision and resolved the underlying issue in a manner contrary to the petitioners' stance in Liberty Mutual Insurance Co. v. Chambers.

Resolution of Certified Direct Conflict

Application: The court resolved a certified direct conflict between Suncoast Homes, Inc. v. Humana of Florida, Inc. and American Motorists Insurance Co. v. Coll. by disapproving the latter decision.

Reasoning: The court reviews the case Suncoast Homes, Inc. v. Humana of Florida, Inc., which presents a certified direct conflict with American Motorists Insurance Co. v. Coll. The court disapproved the latter decision...