Opinion
No. 92046
August 20, 1998
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions (Volusia County) Fifth District — No. 96-2163
Gordon H. Harris, Kent L. Hipp, and G. Robertson Dilg of Gray, Harris Robinson, P.A., Orlando, Florida, for Petitioners
Pamela S. Leslie, General Counsel, and Marianne A. Trussell, Deputy General Counsel, Tallahassee, Florida, for Respondent
We accepted jurisdiction to review Department of Transportation v. Robbins, 700 So.2d 782 (Fla. 5th DCA 1997), in order to resolve what appeared to be express and direct conflict with Travieso v. Travieso, 474 So.2d 1184 (Fla. 1985), Stokus v. Phillips, 651 So.2d 1244 (Fla. 2d DCA 1995), and Straus v. Morton F. Plant Hospital Foundation, Inc., 478 So.2d 472 (Fla. 2d DCA 1985). See Art. V, § 3(b)(3), Fla. Const. However, upon closer examination, we find no conflict and that review was improvidently granted. Accordingly, we dismiss the petition.
It is so ordered.
HARDING, C.J., and OVERTON, SHAW, KOGAN, WELLS, ANSTEAD and PARIENTE, JJ., concur.
NO MOTION FOR REHEARING WILL BE ALLOWED.