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90 So. 3d 269

90 So.3d 269

37 Fla.L.WeeklySupp. 341

Arias v. State

Supreme Court of Florida

Decided May 10, 2012

Supreme Court of Florida · decided 2012-05-10

Cited by 34 later decisions — most recently July 2019 · most notably 93 So. 3d 503 - Intramed, Inc. v. Guider (2012), McCutcheon v. State (2013)

33 state decisions

Relies on 405 So. 2d 418 - Jollie v. State · 73 So. 3d 34 - Jardines v. State · Bluman v. Federal Election Commission

Good law ✅— No negative treatment on recordhow we know

Decided 2012-05-10

View the full empirical analysis of this case →

PER CURIAM.

¶1We have for review Arias v. State, — So.3d -, 2010 WL 680701 (Fla. 3d DCA 2010), in which the Third District Court of Appeal cited as authority its decision in State v. Jardines, 9 So.3d 1 (Fla. 3d DCA 2008), quashed, 73 So.3d 34 (Fla.2011), cert. granted in part, — U.S. -, 132 S.Ct. 995, 181 L.Ed.2d 726 (2012). At the time the Third District issued its Arias decision, Jardines 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 Jardines v. State, 73 So.3d 34 (Fla.2011), cert. granted in part, — U.S. -, 132 S.Ct. 995, 181 L.Ed.2d 726 (2012), in which we ultimately quashed the Third District’s underlying Jardines decision. We then issued an order directing respondent in the present case to show cause why we should not accept jurisdiction, quash the Third District’s underlying Arias decision, and remand for reconsideration in light of our decision in Jardines.

¶3Upon consideration of the response and petitioner’s reply thereto, we have determined to accept jurisdiction and grant the petition for review in the present case. The decision under review is quashed and this matter is remanded to the Third District for reconsideration upon application of this Court’s Jardines decision.

¶4It is so ordered.

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