Value Rent-A-Car, Inc. v. Collection Chevrolet, Inc.

We have for review Collection Chevrolet, Inc. v. Value Rent-A-Car, Inc., 595 So.2d 98 (Fla. 3d DCA1992), which acknowledged conflict with Timmons v. Combs, 579 So.2d 840 (Fla. 1st DCA1991), quashed, (Fla.1992), 608 So.2d 1 and Westover v. Allstate Insurance Co., 581 So.2d 988 (Fla. 2d DCA1991). 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 DCA1991), which we approved in Tim-mons, 608 So.2d at 3. Accordingly, we approve the opinion below, and disapprove the…