Summary
determining "there is no actual conflict" where petitioner's brief asserted conflict between Burch and Sun Chevrolet , Caetano , and Orefice
Summary of this case from Sager v. BlancoOpinion
No. SC04-157.
December 2, 2004.
Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict, Fifth District — Case No. 5D02-2807, (Orange County).
Marissa I. Delinks of Hinshaw Culbertson, LLP, Fort Lauderdale, FL, and Joshua G. Vincent of Hinshaw and Culbertson, LLP, Chicago, IL, for Petitioner.
Daryl D. Parks of Parks and Crump, LLC, Tallahassee, FL, on behalf of Laverica Burch, Ny' Jae Aaliyah Miles, Regina Pace, Akeiad D. Miles and Aaryon Miles; and Warren B. Kwavnick of Cooney, Mattson, Lance, Blackburn, Richards and O'Conner, P.A., Fort Lauderdale, FL, on behalf of Willie Gene Beauford, Jr., for Respondent.
We initially accepted jurisdiction to review Burch v. Sun State Ford, Inc., 864 So.2d 466 (Fla. 5th DCA 2004), a decision which the district court of appeal certified to be in direct conflict with the decision of another district court pursuant to article V, section 3(b)( 4) of the Florida Constitution. Upon further consideration, we have determined that there is no actual conflict and that we should exercise our discretion and discharge jurisdiction of this cause. Accordingly, this review proceeding is hereby dismissed.
It is so ordered.
PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur.