Opinion
No. SC95451
Opinion filed August 17, 2000
Application for Review of the Decision of the District Court of Appeal — Direct Conflict
Fourth District — Case No. 4D98-2874
(Broward County)
Robert A. Butterworth, Attorney General, and Michael J. Neimand and Barbara A. Zappi, Assistant Attorneys General, Ft. Lauderdale, Florida, for Petitioner
Richard L. Jorandby, Public Defender, and Marcy K. Allen, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, Florida, for Respondent.
We initially accepted review of the opinion in State v. Shillingford, 731 So.2d 57 (Fla. 4th DCA 1999), based on alleged express and direct conflict with the opinion in State v. Gitto, 731 So.2d 686 (Fla. 5th DCA 1998). Upon further consideration, we find that jurisdiction was improvidently granted. Accordingly, we hereby dismiss review of this cause.
It is so ordered.
WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE and LEWIS, JJ., concur.
QUINCE, J., dissents.
NO MOTION FOR REHEARING WILL BE ALLOWED.