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684 So. 2d 819

684 So.2d 819

22 Fla.L.WeeklySupp. 36

Difilippo v. Rayle

Supreme Court of Florida

Decided December 19, 1996

Supreme Court of Florida · decided 1996-12-19

Relies on 405 So. 2d 418 - Jollie v. State · 679 So. 2d 1160 - Cerniglia v. Cerniglia · 655 So. 2d 172 - Cerniglia v. Cerniglia

Decided 1996-12-19

PER CURIAM.

¶1We accepted jurisdiction to review Difilippo v. Rayle, 669 So.2d 306 (Fla. 3d DCA 1996), because the district court affirmed with citation to its prior decision in Cerniglia v. Cerniglia, 655 So.2d 172 (Fla. 3d DCA 1995), which was pending review in this Court. Art. V, § 3(b)(3), Fla. Const.; see also Jollie v. State, 405 So.2d 418 (Fla.1981).

¶2However, we have since approved the Cernigliadecision. Cerniglia v. Cerniglia, 679 So.2d 1160 (Fla.1996). Thus, because the decision below is consistent with our decision in Cerniglia, we deny the petition for review for lack of jurisdiction.

¶3No motion for rehearing will be entertained by the Court. Fla. R.App. P. 9.330(d).

¶4It is so ordered.

OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.
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