Panariello v. Pate

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT RICHARD PANARIELLO and ANN PANARIELLO, ) ) ) Petitioners, ) ) v. ) ) HANS S. PATE, KAROLINA PATE, ) his wife, and STATE FARM MUTUAL ) AUTOMOBILE INSURANCE ) COMPANY, a Florida corporation, ) ) Respondents. ) ) ________________________________ ) Opinion filed March 23, 2011. Petition for Writ of Certiorari to the Circuit Court for Lee County; Sherra Winesett, Judge. Caryn L. Bellus and Wendi M. Weiner of Kubicki Draper, P.A., Miami, for Petitioners. Robert L. Donald of Law Office of Robert L. Donald, Fort Myers, for Respondents Hans S. Pate and Karolina Pate. No appearance for Respondent State Farm Mutual Automobile Insurance Company. Case No. 2D10-810 PER CURIAM. Denied. KELLY and WALLACE, JJ., Concur. BLACK, J., Dissents with opinion. BLACK, Judge, Dissenting. In my opinion, Kash N' Karry Food Stores, Inc. v. Smart, 814 So. 2d 530 (Fla. 2d DCA 2002), requires granting the requested relief. -2-

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