Opinion
Case No. SC09-1923.
May 14, 2010.
Lower Tribunal No(s). 4D08-115, 50-2001CA006386XX.
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).
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.
QUINCE, C.J., and CANADY, POLSTON, and PERRY, JJ., concur. LEWIS, J., dissents.