Opinion
SC22-597
08-09-2022
JENNIFER RIPPLE, ETC., Petitioner(s) v. CBS CORPORATION, ET AL. Respondent(s)
Lower Tribunal No(s).: 4D20-1939; 062015CA012497AXXXCE.
The Court accepts jurisdiction of this case as to express and direct conflict between Ripple v. CBS Corp., 337 So.3d 45 (Fla. 4th DCA 2022), and Domino's Pizza, LLC v. Wiederhold, 248 So.3d 212 (Fla. 5th DCA 2018).
In this case, the district court of appeal certified a conflict between two district court of appeal decisions. However, neither of the decisions was Ripple v. CBS Corp., 337 So.3d 45 (Fla. 4th DCA 2022), the decision for which the petitioner seeks this Court's discretionary review. Under article V, section 3(b)(4) of the Florida Constitution, this Court has the discretion to "review any decision of a district court of appeal . . . that is certified by it to be in direct conflict with a decision of another district court of appeal." This means that the Court has the discretion to review Ripple if the district court certifies Ripple to be in direct conflict with a decision of another district court of appeal. Because the district court did not certify conflict between Ripple and a decision of another district court of appeal, we do not have certified conflict jurisdiction under article V, section 3(b)(4). Nonetheless, we exercise our discretion to review Ripple based on the Court's express and direct conflict jurisdiction, set forth in article V, section 3(b)(3) of the Florida Constitution.
Petitioner's initial brief on the merits must be served on or before September 13, 2022; respondent's answer brief on the merits must be served thirty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits must be served thirty days after service of respondent's answer brief on the merits.
The Clerk of the Fourth District Court of Appeal must file the record which must be properly indexed and paginated on or before September 6, 2022. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic.
CANADY, POLSTON, LABARGA, COURIEL, and GROSSHANS, JJ., concur.
Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument.