Opinion
SC22-196
08-03-2022
MICHAEL LEE SMITH Petitioner(s) v. STATE OF FLORIDA Respondent(s)
Lower Tribunal No(s).: 1D20-106; 372019CF000675AXXXXX
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.
We write further to remind counsel for the petitioner of the obligation to disclose to the Court adverse precedent. See R. Regulating Fla. Bar 4-3.3(a)(3). Our decision in Kartsonis v. State, 319 So.3d 622 (Fla. 2021), is adverse to one of the petitioner's jurisdictional arguments. However, despite having also represented the petitioner in Kartsonis, counsel for the petitioner failed to cite and therefore made no effort to distinguish Kartsonis. Because counsel for the respondent disclosed Kartsonis, we find it sufficient to remind counsel for the petitioner to remember, in future proceedings, the obligation to disclose adverse precedent.
No motion for rehearing will be entertained by the Court. See Fla. R App P 9330(d)(2).
POLSTON, LABARGA, LAWSON, COURIEL, and GROSSHANS, JJ., concur.
HON. FRANCIS J. ALLMAN JR., JUDGE