Narrative Opinion Summary
Gaetan v. GEICO Indemnity Co., Schwartz v. USAA Casualty Insurance Co., and Garrido v. Victoria Fire Casualty Co. are consolidated for review. Each case references prior cases under review by this Court, specifically Malu v. Security National Insurance Co. and Padilla v. Liberty Mutual Insurance Co. The Court has jurisdiction under the Florida Constitution and has recently approved the precedent set in Hunter v. Allstate Insurance Co., quashing the decisions in Malu and Padilla. Following a review of the parties' responses to show cause orders issued on May 5, 2005, the Court accepts jurisdiction in the three cases. Consequently, the petitions for review are granted, the decisions in Gaetan, Schwartz, and Garrido are quashed, and the cases are remanded for reconsideration in light of the Court's decision in Malu. No further motions for rehearing will be accepted. The ruling is concurred by all Justices present.
Legal Issues Addressed
Finality of Court's Decision and Rehearing Prohibitionsubscribe to see similar legal issues
Application: The Court's decision is final, and no further motions for rehearing will be entertained, ensuring the expediency and finality of the judicial process.
Reasoning: No further motions for rehearing will be accepted. The ruling is concurred by all Justices present.
Jurisdiction Under Florida Constitutionsubscribe to see similar legal issues
Application: The Court exercises its jurisdiction under the Florida Constitution to review consolidated cases in light of recent precedents.
Reasoning: The Court has jurisdiction under the Florida Constitution and has recently approved the precedent set in Hunter v. Allstate Insurance Co., quashing the decisions in Malu and Padilla.
Precedential Authority in Judicial Reviewsubscribe to see similar legal issues
Application: The Court applies its authority to quash prior decisions and remand cases for reconsideration based on newly approved precedents.
Reasoning: Following a review of the parties' responses to show cause orders issued on May 5, 2005, the Court accepts jurisdiction in the three cases. Consequently, the petitions for review are granted, the decisions in Gaetan, Schwartz, and Garrido are quashed, and the cases are remanded for reconsideration in light of the Court's decision in Malu.