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STATE FARM MUT. AUTO. INS. CO. v. JUDGES, ETC.

No. 60035.

405 So.2d 980 (1981)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. JUDGES OF THE DISTRICT COURT OF APPEAL, FIFTH DISTRICT, Respondents.

Supreme Court of Florida.

November 5, 1981.

Attorney(s) appearing for the Case

Thomas G. Kane of Driscoll, Langston, Layton & Kane, Orlando, for petitioner.

Jim Smith, Atty. Gen. and Mitchell D. Franks, Asst. Atty. Gen., Tallahassee, for respondents.

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...

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