Opinion
No. 67591.
October 30, 1986. Rehearing Denied January 5, 1987.
Application for Review of the Decision of the District Court of Appeal — Statutory Validity; Third District — Case No. 84-2053.
H. Lawrence Hardy of Milton R. Adkins, P.A., Coral Gables, for petitioner.
Andrew Needle of Spence, Payne, Masington, Grossman and Needle, P.A., and Steven C. Marks of Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow and Olin, P.A., Miami, for respondents.
Raymond T. Elligett, Jr. and Charles P. Schropp of Shackleford, Farrior, Stallings and Evans, Tampa, for Jack Eckerd Corp., amicus curiae.
We have jurisdiction to review Blue Cross and Blue Shield of Florida, Inc. v. Ryder Truck Rental, Inc., 472 So.2d 1373 (Fla.3d DCA 1985), under article V, section 3(b)(3), Florida Constitution. This cause presents the same issues of law and fact as Blue Cross and Blue Shield of Florida, Inc. v. Matthews, 498 So.2d 421 (Fla. 1986). The district court below held that Blue Cross had no right of subrogation or indemnification against Ryder. We quash and remand to allow petitioner to replead in light of Matthews.
It is so ordered.
McDONALD, C.J., and ADKINS, BOYD, OVERTON, EHRLICH and SHAW, JJ., concur.