Opinion
No. SC07-244.
April 17, 2007.
Lower Tribunal No.: 1D06-475.
This cause having heretofore been submitted to the Court on Certified Great Public Importance pursuant to Article V, Section 3(b), Florida Constitution (1980), and Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v), and the Court having determined that it should decline to exercise 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).
LEWIS, C.J., and WELLS, CANTERO, and BELL, JJ., concur.
ANSTEAD, J., dissents.
* * *
This cause was also submitted to the Court addressing certain alternative bases for jurisdiction (i.e., statutory or constitutional invalidity).
Petitioner's "Motion to Determine if Jurisdictional Brief is Due and Motion for Extension of Time to Serve Jurisdictional Brief if Due" is hereby granted and the parties are ordered to file jurisdictional briefs pursuant to Florida Rule of Appellate Procedure 9.120 as to the validity basis only.
Petitioner is directed to serve, on or before May 9, 2007, an initial brief on jurisdiction. Respondent shall have twenty days after service of petitioner's initial brief on jurisdiction in which to serve an answer brief on jurisdiction.
Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, AOSC04-84, dated September 13, 2004, counsel are directed to transmit a copy of all briefs in an electronic format as required by the provisions of that order.
LEWIS, C.J., and WELLS, ANSTEAD, CANTERO, and BELL, JJ., concur.