Opinion
Case No. SC07-1381.
May 17, 2011.
Lower Tribunal No(s). 2D05-1367.
On August 21, 2007, this Court entered its order accepting jurisdiction with oral argument to be set by separate order. Oral argument was set for March 5, 2008, and was removed from the calendar on January 16, 2008. We have now determined that jurisdiction was improvidently granted and, therefore, the Petition for Review is dismissed for lack of jurisdiction. See generally Floridians for a Level Playing Field v. Floridians Against Expanded Gambling, 967 So. 2d 832, 833 (Fla. 2007) (noting that the Court does not have discretionary jurisdiction "where a district court is unable to reach a clear majority decision on an issue and elects to certify a question without resolving the merits"); Boler v. State, 678 So. 2d 319, 320 n. 2 (Fla. 1996) (noting that the Court does not have discretionary jurisdiction if the en banc panel of the district court divided equally on the issue facing review; thus, it reached no decision apart from certifying a question).
No Motion for Rehearing will be entertained by the Court. See Fla.R.App.P. 9.330(d)(2).
PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur. CANADY, C.J., recused.