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7 So. 3d 534

7 So.3d 534

34 Fla.L.WeeklySupp. 313

A.T. v. State

Supreme Court of Florida

Decided April 16, 2009

Supreme Court of Florida · decided 2009-04-16

Cited by 1 later decisions — most recently June 2009

1 state decisions

Relies on 405 So. 2d 418 - Jollie v. State · 4 So. 3d 614 - EAR v. State · E.A.R. v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2009-04-16

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PER CURIAM.

¶1We have for review A.T. v. State, 983 So.2d 679 (Fla. 4th DCA 2008), in which the Fourth District Court of Appeal cited as authority its decision in E.A.R. v. State, 975 So.2d 610 (Fla. 4th DCA 2008), quashed, 4 So.3d 614 (Fla.2009). At the time the Fourth District issued its decision in A.T., EA.R. 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 E.A.R. v. State, 4 So.3d 614 (Fla.2009), in which we ultimately quashed the Fourth District’s underlying E.A.R. decision and explicitly disapproved its decision in A.T. Now, as AT. is on direct review, we have determined to correspondingly quash the Fourth District’s underlying AY. decision.

¶3We thus grant the petition for review in the present case. The decision under review is quashed and this matter is remanded to the Fourth District for reconsideration upon application of this Court’s E.A.R. decision.

¶4It is so ordered.

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