Opinion
No. SC08-1659.
June 9, 2009.
Lower Tribunal No(s). 3D07-2254.
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).
The motion for attorney's fees is granted and it is ordered that respondent shall recover from petitioner the amount of $2,500.00 for the services of respondent's attorney in this Court.
Respondent's "Motion to Sanction Under 57.105 or Rule 9.410" is hereby denied. Respondent's Motion to Tax Cost is hereby denied without prejudice to file in trial court.
QUINCE, C.J., and LEWIS, CANADY, POLSTON, and PERRY, JJ., concur.