EDDIE LEE STEADMAN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court quashed the Second District Court of Appeal's decision in Steadman because it relied on Gisi, which the Supreme Court had disapproved and quashed, and remanded for reconsideration in light of the corrected legal standard.
A lower court decision that relies on precedent subsequently disapproved by the Supreme Court must be quashed and remanded for reconsideration under the correct legal standard.
[1] When a lower court decision relies on precedent that is subsequently disapproved or quashed by the Supreme Court, the lower court decision must be quashed and remanded fo…
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Join FLexlaw to unlock all legal intelligenceSteadman's case was decided by the Second District Court of Appeal citing Gisi v. State as authority, but Gisi was pending review in the Florida Supre…
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We have for review Steadman v. State, 997 So.2d 417 (Fla. 2d DCA 2008) (table), in which the Second District Court of Appeal cited as authority its decision in Gisi v. State, 948 So.2d 816 (Fla. 2d DCA 2007), quashed, 4 So.3d 613 (Fla.2009). At the time the Second District issued its Stead-man decision, Gisi 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).
We stayed proceedings in this case pending our disposition of State v. Rabedeau, 2 So.3d 191 (Fla.2009) (disapproving the Second District’s Gisi decision), and Gisi v. State, 4 So.3d 613 (Fla.2009) (quashing the Second District’s Gisi decision). We then issued an order directing respondent in the present ease to show cause why we should not accept jurisdiction, quash the Second District’s underlying Steadman decision and remand for reconsideration in light of our decisions in Rabedeau and Gisi. Upon considering respondent’s response, and petitioner’s reply thereto, we have determined to so proceed.
We accordingly 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 Second District for reconsideration upon application of this Court’s decisions in Rabedeau and Gisi
It is so ordered.
QUINCE, C.J., and PARIENTE, LEWIS, CANADY, POLSTON, LABARGA, and PERRY, JJ., concur.
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Citator
Cited By
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Steadman v. State, 23 So. 3d 811 (Fla. 2d DCA 2009)…2d DCA 2008) (table decision), and Steadman sought and was granted review by the supreme court. Accordingly, when the supreme court decided Gisi and Rabedeau, it remanded Stead-man’s appeal for further consideration by this court. Steadman v. State, 14 So. 3d 218 (Fla.2009). Rabedeau and Gisi are inapplicable to this case because they involved denial of credit for time served in prison on previously served concurrent prison sentences before the defendant was resentenced to consecutive prison terms. In Rabed…
Authorities Cited
- Jollie v. State, 405 So. 2d 418 (Fla. 1981)
- State v. Rabedeau, 2 So. 3d 191 (Fla. 2009)
- Gisi v. State, 4 So. 3d 613 (Fla. 2009)
- Broom v. State, 948 So. 2d 816 (Fla. 1st DCA 2007)
- Gisi v. State, 948 So. 2d 816 (Fla. 2d DCA 2007)