Legal Opinion

State Farm Mutual Automobile Insurance v. Judges of the District Court of Appeal, Fifth District

Supreme Court of Florida

Decided November 5, 1981No. 60035PublishedCited by 31 opinions

1Opinion of the Court

SUNDBERG, Chief Justice.

We here confront the issue of whether the District Court of Appeal, Fifth District, may utilize the en banc rehearing rule as a toehold to extend ad infinitum its jurisdiction whenever intradistrict conflict arises. We hold that it may not.

On May 7, 1980, the district court affirmed without opinion the trial court’s dismissal of plaintiff’s action in Rogers v. State Farm Mutual Automobile Insurance Co., 383 So.2d 1221 (Fla. 5th DCA 1980). Almost two months after the end of the term 1 in which this PCA decision and mandate were issued, Rogers filed a motion for…

2Cases cited7 opinions

  1. Martin v. Hunter's LesseeSupreme Court of the United States · 1816
  2. Chapman v. St. Stephens Protestant Episcopal, Church, Inc.Supreme Court of Florida · 1931
  3. Washington v. StateSupreme Court of Florida · 1926
  4. Lovett v. StateSupreme Court of Florida · 1892
  5. STATE FARM MUT. AUTO. INS. v. BergmanDistrict Court of Appeal of Florida · 1980

2 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Joseph v. StateDistrict Court of Appeal of Florida · 1983
  2. O'BRIEN v. StateDistrict Court of Appeal of Florida · 1985
  3. Hampton v. StateDistrict Court of Appeal of Florida · 2008
  4. Higdon v. StateDistrict Court of Appeal of Florida · 1985
  5. Thompson v. SingletaryDistrict Court of Appeal of Florida · 1995

26 more not listed; retrieve them via the Exa API.

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