SHERRIE LLEO ABRAHAM, PETITIONER,
v.
GEORGE ABRAHAM, RESPONDENT
PER CURIAM.
We initially accepted review of the decision in Abraham v. Abraham, 730 So. 2d 746 (Fla. 3d DCA 1999), based on alleged express and direct conflict under article V, section 3(b)(3) of the Florida Constitution. Upon further consideration, we find that jurisdiction was improvidently granted. Accordingly, we hereby dismiss review of this cause.
It is so ordered.
WELLS, C.J., and SHAW, HARDING and QUINCE, JJ., concur. ANSTEAD, J., dissents with an opinion, in which PARIENTE and LEWIS, JJ., concur.
ANSTEAD, J.,
dissenting.
Because I conclude that we properly accepted jurisdiction on the basis of a conflict between the decision rendered below, Abraham v. Abraham, 730 So. 2d 746 (Fla. 3d DCA 1999), and the decisions in Wall v. Johnson, 80 So. 2d 362 (Fla.1955), and Martin v. Lenahan, 658 So. 2d 119 (Fla. 4th DCA 1995), I would not discharge jurisdiction. Indeed, the majority opinion below candidly acknowledges “contrary authority for requiring restitution,” Abraham, 730 So. 2d at 747, placing this case in the unique and limited category of cases demonstrating conflict on the face of the opinion.
PARIENTE and LEWIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wright v. Lewis, 870 So. 2d 179 (Fla. 4th DCA 2004)…’s motion to enforce the mandate. Judge Cope dissented, citing Wall and Martin. The Florida Supreme Court initially accepted review, but then concluded in a four to three decision that jurisdiction had been improvidently granted. Abraham v. Abraham, 775 So. 2d 937 (Fla.2000).…
Authorities Cited
- Wall v. Peggie Johnson, 80 So. 2d 362 (Fla. 1955)
- Douglas Martin, M.D. v. Lenahan, 658 So. 2d 119 (Fla. 4th DCA 1995)
- Abraham v. Sherrie Lleo Abraham, 730 So. 2d 746 (Fla. 3d DCA 1999)