Opinion
No. 85012.
July 20, 1995.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, Second District — No. 94-00833, Polk County.
Richard T. Kozek, Jr., Miami, for petitioner.
Shelley H. Leinicke of Wicker, Smith, Tutan, O'Hara, McCoy, Graham, Lane Ford, P.A., Ft. Lauderdale, for respondents.
We review Russo v. Sera-Tec Biologicals, Inc., 650 So.2d 1000 (Fla. 2d DCA 1994), in which the court affirmed on the basis of R.J. v. Humana of Florida, Inc., 625 So.2d 116 (Fla. 5th DCA 1993). We accepted jurisdiction because the Humana case was pending before this Court. Art. V, § 3(b)(3), Fla. Const. See Jollie v. State, 405 So.2d 418 (Fla. 1981). We have now decided the Humana case. R.J. v. Humana of Florida, Inc., 652 So.2d 360 (Fla. 1995). Accordingly, we remand this case for disposition consistent with Humana.
It is so ordered.
GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.