HELEN MELAMED, PETITIONER,
v.
MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., AND BRIAN SHEEN, RESPONDENTS
PER CURIAM.
We have for review Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Melamed, 453 So. 2d 858 (Fla. 4th DCA 1984), which expressly and directly conflicts with Oppenheimer & Co., Inc. v. Young, 456 So. 2d 1175 (Fla.1984), vacated, — U.S.—, 105 S.Ct. 1830, 85 L.Ed.2d 131 (1985). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We also have jurisdiction because Melamed declared subsection 517.241(2), Florida Statutes (1983), invalid. Art. V, § 3(b)(1), Fla. Const. We approve Melamed in light of Dean Witter Reynolds, Inc. v. Byrd, — U.S. -, 105 S.Ct. 1238, 84 L.Ed.2d 158 (1985), and the subsequent vacation and remand of our contrary holding in Young.
It is so ordered.
BOYD, C.J., and ADKINS, OVERTON, ALDERMAN, McDONALD, EHRLICH and SHAW, JJ., concur.
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dean Witter Reynolds Inc. v. Byrd, 470 U.S. 213 (U.S. 1985)
- Merrill Lynch v. Melamed, 453 So. 2d 858 (Fla. 4th DCA 1984)
- Oppenheimer & Co., Inc. v. Young, 456 So. 2d 1175 (Fla. 1984)