Opinion
No. SC92931.
October 4, 2001.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict Fourth District — Case No. 4D97-1196 (Martin County).
Arnold R. Ginsberg of Ginsberg Schwartz, and Robert Schott, Miami, Florida, for Petitioner.
Alexis M. Yarbrough of Purdy, Jolly Giuffreda, P.A., Fort Lauderdale, Florida, for Respondent.
Sheridan Weissenborn of Papy Weissenborn, P.A., Coral Gables, Florida, for State of Florida, Department of Highway Safety and Motor Vehicles, Division of Highway Patrol, Amicus Curiae.
We granted review of Laskey v. Martin County Sheriff's Department, 708 So.2d 1013 (Fla. 4th DCA 1998), based on apparent conflict with Cook v. Sheriff of Collier County, 573 So.2d 406 (Fla. 2d DCA 1991). See art. V, § 3(b)(3), Fla. Const. Upon examination of the record and consideration of argument by counsel, we have determined that jurisdiction was granted improvidently. Accordingly, because we find no alternative basis for jurisdiction, this cause is dismissed.
It is so ordered.
WELLS, C.J., and SHAW, HARDING, and LEWIS, JJ., concur.
ANSTEAD, PARIENTE, and QUINCE, JJ., dissent.