STATE OF FLORIDA, PETITIONER,
v.
REGINALD SWINDLE, RESPONDENT
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BELL, J.
We have for review Swindle v. State, 919 So. 2d 462 (Fla. 3d DCA 2004), in which the Third District Court of Appeal cited with approval its decision in Espindola v. State, 855 So. 2d 1281 (Fla. 3d DCA 2003), rev’d sub nom. Milks v. State, 894 So. 2d 924 (Fla.), cert. denied, — U.S. -, 126 S.Ct. 368, 163 L.Ed.2d 86 (2005), and certified conflict with the Second District Court of Appeal’s decision in Milks v. State, 848 So. 2d 1167 (Fla. 2d DCA 2003), approved, 894 So. 2d 924 (Fla.), cert. denied, — U.S. -, 126 S.Ct. 368, 163 L.Ed.2d 86 (2005). At the time the Third District Court of Appeal issued its decision in Swindle, both Espindola and Milks were pending review in this Court. We have jurisdiction. See art. V, § 3(b)(3)-(4), Fla. Const.; Jollie v. State, 405 So. 2d 418 (Fla.1981).
The petition for review is granted. On the authority of our decision in Milks v. State, 894 So. 2d 924 (Fla.), cert. denied, — U.S. -, 126 S.Ct. 368, 163 L.Ed.2d 86 (2005), the decision under review is quashed, and this matter is remanded to the Third District Court of Appeal for reconsideration upon application of this Court’s decision in Milks.
It is so ordered.
PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, and CANTERO, JJ., concur.
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Schiller A. Bazan, Jr. v. Gambone, 924 So. 2d 952 (Fla. 3d DCA 2006)…CORTINAS, Judge. This case is before us on remand from the Supreme Court of Florida, which quashed this court’s opinion and remanded for reconsideration in light of Wade v. Hirschman, 903 So. 2d 928 (Fla.2005). See Gambone v. Bazan, 923 So. 2d 456 (Fla. 2006). In this case, the former husband, Schiller A. Bazan, Jr., appeals from a final judgment of the trial court on custody and relocation arising from the former wife’s emergency petition for relocation. We find that the trial court applied…
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Swindle v. State, 926 So. 2d 440 (Fla. 3d DCA 2006)…sion based on that case, and remanded this matter for reconsideration in light of that reversal. See Milks v. State, 894 So. 2d 924 (Fla.2005) (holding that the Florida Sexual Predators Act does not violate procedural due process); State v. Swindle, 923 So. 2d 456 (Fla.2006) (quashing Swindle v. State, 919 So. 2d 462 (Fla. 3d DCA 2004), and remanding for reconsideration). We therefore substitute this opinion affirming in all respects the order denying Swindle’s motion for post-conviction relief for our earlie…
Authorities Cited
- Jollie v. State, 405 So. 2d 418 (Fla. 1981)
- Ferman Carlos Espindola v. State, 855 So. 2d 1281 (Fla. 3d DCA 2003)
- Milks v. State, 894 So. 2d 924 (Fla. 2005)
- Milks v. State, 848 So. 2d 1167 (Fla. 2d DCA 2003)
- Swindle v. State, 919 So. 2d 462 (Fla. 3d DCA 2004)
- Lewis Y. and Betty T. Ward v. Brown, 919 So. 2d 462 (Fla. 1st DCA 2005)