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BLUE CROSS & BLUE SHIELD OF FLA. v. MATTHEWS

No. 67598.

498 So.2d 421 (1986)

BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC., Petitioner, v. Timothy L. MATTHEWS, et al., Respondents.

Supreme Court of Florida.

Rehearing Stricken January 5, 1987.

Attorney(s) appearing for the Case

Wm. Howard Solomon, Senior House Counsel, Blue Cross and Blue Shield of Florida, Inc., Jacksonville, Alan C. Sundberg of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tallahassee, and Edward P. Nickinson, III and Doreen Spadorcia of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Pensacola, for petitioner.

John N. Boggs, Panama City, for respondents.

Raymond T. Elligett, Jr. and Charles P. Schropp of Shackleford, Farrior, Stallings & Evans, P.A., Tampa, for Jack Eckerd Corp., amicus curiae.

William W. Tharpe, Jr. and Lisa S. Santucci, Tallahassee, for The Florida Dept. of Ins., amicus curiae.

SHAW, Justice.

We have jurisdiction to review Blue Cross and Blue Shield of Florida, Inc. v. Matthews, 473 So.2d 831 (Fla. 1st DCA 1985), because the district court below construed a provision of the state constitution and expressly validated section 627.7372, Florida Statutes (1985). Art. V, § 3(b)(3), Fla. Const. We agree that the statute is valid but quash the decision on other grounds.

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