Department of Children and Families v. Gaines

Full title: DEPARTMENT OF CHILDREN AND FAMILIES, Petitioner, vs. ROSHONDA KEYS GAINES…

Court: Supreme Court of Florida

Date published: Mar 25, 1999

728 So. 2d 747 (Fla. 1999)

Opinion

No. 93,275

Opinion files March 25, 1999

Application for Review of the Decision of the District Court of Appeal Direct Conflict Fifth District — Case No. 97-1532 (Orange County).

James A. Sawyer, Jr., District Legal Counsel, Department of Children and Families, Orlando, Florida, for Petitioner.

Ava Tunstall of McIntyre Tunstall, P.A., Maitland, Florida, for Respondent.

PER CURIAM.

We accepted jurisdiction to review Gaines v. Department of Children Families, 711 So.2d 190 (Fla. 5th DCA 1998), in order to resolve what appeared to be express and direct conflict with Padgett v. Department of Health Rehabilitative Services, 577 So.2d 565 (Fla. 1991). See Art. V, § 3(b)(3), Fla. Const. However, upon closer examination, we find no conflict and that review was improvidently granted. Accordingly, we dismiss the petition.

It is so ordered.

HARDING, C.J., and SHAW, WELLS, ANSTEAD and PARIENTE, JJ., concur.

LEWIS and QUINCE, JJ., dissent.

NO MOTION FOR REHEARING WILL BE ALLOWED.