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7 So. 3d 533

7 So.3d 533

34 Fla.L.WeeklySupp. 311

Rowles v. State

Supreme Court of Florida

Decided April 9, 2009

Supreme Court of Florida · decided 2009-04-09

Relies on 405 So. 2d 418 - Jollie v. State · Larimore v. State · Moore v. State

Decided 2009-04-09

PER CURIAM.

¶1We have for review Rowles v. State, 954 So.2d 1278 (Fla. 5th DCA 2007), in which the Fifth District Court of Appeal cited as authority its decision in Moore v. State, 909 So.2d 500 (Fla. 5th DCA 2005), notice invoking discretionary review filed, No. SC05-1779 (Fla. Sept. 28, 2005). At the time the Fifth District issued its decision in Rowles, its Mooredecision was, and still is, 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 Larimore v. State, 2 So.3d 101 (Fla.2008). When our decision in Larimorebecame final, we issued an order directing respondent in the present case to show cause why we should not accept jurisdiction, quash the decision under review, and remand for reconsideration in light of our decision in Larimore. *534Respondent in its response agrees we should so proceed.

¶3We accordingly grant the petition for review in the present case. The decision under review is quashed, and this matter is remanded to the Fifth District for reconsideration upon application of this Court’s Larimoredecision.

¶4It is so ordered.

QUINCE, C.J., and PARIENTE, LEWIS, CANADY, POLSTON, and LABARGA, JJ., concur.PERRY, J., did not participate.
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