Opinion
Nos. SC05-1191, SC05-1192.
June 22, 2006.
Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict of Decisions, Fourth District — Case No. 4D04-2061 (Broward County).
Scott A. Cole and Maria Trejos Kleppinger of Cole, Scott and Kissane, P.A., Miami, FL, and Mark L. Pomeranz of Pomeranz and Associates, P.A., North Miami, FL; and Jonathan M. Matzner and Jay B. Green of Green, Ackerman and Frost, P.A., Boca Raton, FL, for Petitioners.
Peter Herman and Stephanie D. Alexander of Tripp Scott, P.A., Fort Lauderdale, FL, for Respondents.
Hala Sandridge of Fowler, White, Boggs and Banker, P.A., Tampa, FL on behalf of Long Term Care Pharmacy Alliance; Katherine E. Giddings, Joseph W. Hatchett, Martin R. Dix, and James E. Joanos of Akerman Senterfitt, Tallahassee, FL on behalf of The Florida Retail Federation and The National Association of Chain Drug Stores; and Kelley B. Gelb of Krupnick, Campbell, Malone, Buser, Slama, Hancock, Liberman and McKee, P.A., Fort Lauderdale, FL on behalf of The Academy of Florida Trial Lawyers, for Amici Curiae.
We initially accepted jurisdiction to review Powers v. Thobhani, 903 So.2d 275 (Fla. 4th DCA 2005), a decision which the district court of appeal certified to be in direct conflict with decisions of two other district courts 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.
WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur.
PARIENTE, C.J., recused.