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131 So. 3d 719

131 So.3d 719

38 Fla.L.WeeklySupp. 869

Pomfret v. Atkinson

Supreme Court of Florida

Decided November 27, 2013

Supreme Court of Florida · decided 2013-11-27

Cited by 1 later decisions — most recently April 2014

1 state decisions

Relies on 405 So. 2d 418 - Jollie v. State · 116 So. 3d 1205 - DelMonico v. Traynor · Delmonico v. Traynor

Good law ✅— No negative treatment on recordhow we know

Decided 2013-11-27

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PER CURIAM.

¶1We have for review Pomfret v. Atkinson, 53 So.3d 413 (Fla. 4th DCA 2011), in which the Fourth District Court of Appeal cited as authority its decision in DelMonico v. Traynor, 50 So.3d 4 (Fla. 4th DCA 2010), quashed, 116 So.3d 1205 (Fla.2013). At the time that the Fourth District issued its decision in Pomfret, DelMonico was pending review in this Court. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So.2d 418 (Fla.1981).

¶2We stayed proceedings in this case pending our disposition of DelMonico v. Traynor, 116 So.3d 1205, 1209 (Fla.2013), in which we ultimately quashed the Fourth District’s underlying DelMonico decision. We then issued an order directing the Respondent in this case to show cause why this Court should not accept jurisdiction, summarily quash the Fourth District’s underlying Pomfretdecision, and remand for reconsideration in light of our decision in DelMonico.

¶3Upon consideration of the response, in which the Respondent agrees with the disposition set forth in the order to show cause, we grant the petition for review, quash the Fourth District’s decision in Pomfret, and remand this case to the Fourth District for further proceedings consistent with our decision in DelMonico.

¶4It is so ordered.

PARIENTE, LEWIS, QUINCE, LABARGA, and PERRY, JJ., concur.POLSTON, C.J., and CANADY, J„ dissent.
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