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DADELAND DEPOT. v. ST. PAUL FIRE AND MARINE

No. SC04-1828.

945 So.2d 1216 (2006)

DADELAND DEPOT, INC., et al., Appellants, v. ST. PAUL FIRE AND MARINE INSURANCE CO., et al., Appellees.

Supreme Court of Florida.

December 21, 2006.

Attorney(s) appearing for the Case

Philip M. Burlington of Philip M. Burlington, P.A., Jeffrey M. Liggio and Richard Benrubi of Liggio, Benrubi and Williams, P.A., West Palm Beach, FL, for Appellant.

Lee Craig and Veronica D. Vellines of Butler, Pappas, Weihmuller, Katz and Craig, LLP, Tampa, FL, for Appellee.

Stephen A. Marino, Jr. of Ver Ploeg and Lumpkin, P.A., Miami, FL, on behalf of the Academy of Florida Trial Lawyers; E.A. "Seth" Mills, Jr. and Brett D. Divers of Mills, Paskert, Divers, P.A., Tampa, FL, on behalf of the Surety Association of America; and Bruce G. Alexander and Ronald E. Crescenzo of Boose, Casey, Ciklin, Lubitz, Martens, McBane and O'Connell, West Palm Beach, FL, on behalf of Florida AGC Council, Inc., Florida Transportation Builders' Association, Inc., and Associated Builders and Contractors of Florida, for Amicus Curiae.

LEWIS, C.J.

We have for review five very discrete questions of Florida law certified by the United States Court of Appeals for the Eleventh Circuit that are determinative of a cause pending in that court and for which there appears to be no controlling precedent. We have jurisdiction. See art. V, § 3(b)(6), Fla. Const. Based on the facts and analysis outlined below, we answer the first, second, third, and fifth questions certified by the Eleventh Circuit...

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