Acquardo V. Bergeron

We have for review Acquadro v. Bergeron, 778 So. 2d 1034 (Fla. 4th DCA 2001), a decision of the Fourth District Court of Appeal, which expressly and directly conflicts with the decisions of the Fifth District Court of Appeal in Horowitz v. Laske, 751 So. 2d 82 (Fla. 5th DCA 1999), quashed sub nom. Wendt v. Horowitz, 822 So. 2d 1252 (Fla. 2002); *fn1 Thompson v. Doe, 596 So. 2d 1178 (Fla. 5th DCA 1992), approved, 620 So. 2d 1004 (Fla. 1993); Intercontinental Corp. v. Orlando Regional Medical Center, Inc., 586 So. 2d 1191 (Fla. 5th DCA 1991); McLean Financial Corp. v. Winslow Loudermilk Corp., 509 So. 2d 1373 (Fla. 5th DCA 1987), and the Second District Court of Appeal in Koch v. Kimball, 710 So. 2d 5 (Fla. 2d DCA 1998); Phillips v. Orange Co., 522 So. 2d 64 (Fla. 2d DCA 1998); and Texas Guaranteed Student Loan Corp. v. Ward, 696 So. 2d 930 (Fla. 2d DCA 1997). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.