Opinion
Case No. SC11-503.
August 16, 2011.
Lower Tribunal No(s). 3D10-1197, 08-2763CA10.
This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.
No motion for rehearing will be entertained by the Court. See Fla.R.App.P. 9.330(d)(2).
CANADY, C.J., and PARIENTE, QUINCE, and POLSTON, JJ., concur. LEWIS, LABARGA, and PERRY, JJ., would grant without oral argument.
Respondent's motion for attorney's fees is granted in the amount of $2,500.00, conditioned on the party prevailing pursuant to applicable statutes, rules and case law.
CANADY, C.J., and LEWIS, POLSTON, and LABARGA, JJ., concur. PARIENTE, QUINCE, and PERRY, JJ., dissent.
Petitioner's motion for attorney's fees is denied.
CANADY, C.J., and PARIENTE, QUINCE, POLSTON, and PERRY, JJ., concur. LEWIS and LABARGA, JJ., dissent.