United Services Automobile Assoc. v. Raymond J. Behar, M.D.

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Supreme Court of Florida ____________ No. SC00-595 ____________ UNITED SERVICES AUTOMOBILE ASSOCIATION, Petitioner, vs. RAYMOND J. BEHAR, M.D. and SUSAN L. BEHAR, his wife, Respondents. [March 29, 2001] PER CURIAM. We initially accepted review of the opinion in United Services Automobile Ass n v. Behar, 752 So. 2d 663 (Fla. 2d DCA 2000), based on alleged express and direct conflict with the opinions in Tucker v. Shelby Mutual Insurance Co., 343 So. 2d 1357 (Fla. 1st DCA 1977), and Bodek v. Gulliver Academy, 702 So. 2d 1331 (Fla. 3d DCA 1997). Upon further consideration, we find that jurisdiction was improvidently granted. Accordingly, we hereby dismiss review of this cause. It is so ordered. WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur. NO MOTION FOR REHEARING WILL BE ALLOWED. Application for Review of the Decision of the District Court of Appeal Direct Conflict Second District - Case No. 2D99-1592 (Pinellas County) Kimberly Staffa Mello and David J. Abbey of Fox, Grove, Abbey, Adams, Byelick & Kiernan, L.L.P., St. Petersburg, Florida, for Petitioner David A. Maney and Lorena L. Kiely of Maney, Damsker & Jones, P.A., Tampa, Florida, for Respondents -2-

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