Opinion
No. SC09-336.
June 22, 2009.
Lower Tribunal No(s). 4D07-1506.
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).
Respondent's motion for attorneys' fees is provisionally granted in the amount of $2,500.00, conditioned on trial court finding entitlement under parites' marital settlement agreement.
Petitioner's motion for attorneys' fees is denied.
QUINCE, C.J., and CANADY, POLSTON, and PERRY, JJ., concur. LABARGA, J., dissents.