Opinion
No. 89,445
July 17, 1997
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions Fifth District — Case No. 95-1118 (Seminole County).
Terrence E. Kehoe of the Law Offices of Terrence E. Kehoe, Orlando, Florida; and Chandler R. Muller of the Law Offices of Chandler R. Muller, P.A., Winter Park, Florida, for Petitioner.
Robert A. Butterworth, Attorney General and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, Florida, for Respondent.
We granted review of Kaplan v. State, 681 So.2d 1166 (Fla. 5th DCA 1996), based upon express and direct conflict with other decisions of this Court and courts in this state. See Art. V, § 3(b)(3), Fla. Const. However, after closer examination of the cases, we have determined that there is no express and direct conflict. Jurisdiction was therefore improvidently granted and the petition for review is accordingly dismissed.
It is so ordered.
KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.