Opinion
No. 79470.
October 1, 1992.
Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict of Decisions, Third District — Case No. 91-1008.
Keith T. Grumer of Keith, Mack, Lewis, Cohen Lumpkin, Miami, for petitioner.
James C. Blecke and Thomas J. Caldwell, Miami, for respondent.
We have for review Collection Chevrolet, Inc. v. Value Rent-A-Car, Inc., 595 So.2d 98 (Fla. 3d DCA 1992), which acknowledged conflict with Timmons v. Combs, 579 So.2d 840 (Fla. 1st DCA 1991), quashed, (Fla. 1992), 608 So.2d 1 and Westover v. Allstate Insurance Co., 581 So.2d 988 (Fla. 2d DCA 1991). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.
The district court below expressly based its holding on its prior opinion in Memorial Sales, Inc. v. Pike, 579 So.2d 778 (Fla. 3d DCA 1991), which we approved in Timmons, 608 So.2d at 3. Accordingly, we approve the opinion below, and disapprove the opinion in Westover v. Allstate Insurance Co., 581 So.2d 988 (Fla. 2d DCA 1991), to the extent it conflicts with our opinion here. This cause is remanded to the trial court for further proceedings consistent with this opinion and with Timmons.
It is so ordered.
BARKETT, C.J., and OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.