Kathy Johnson, Petitioner v. Omega Insurance Company, Respondent — Canady, J., Dissenting

Summary

Justice Canady, dissenting, would dismiss the case for lack of conflict jurisdiction because the district court decision addressed the statutory presumption during the prelitigation sinkhole-claim process, whereas the prior decisions addressed different contexts. He concluded that the decisions did not expressly and directly conflict under article V, section 3(b)(3) of the Florida Constitution. The dissent would therefore decline review rather than reach the attorney-fee issue.