MARK DAVID KANAREK, M.D., ET AL., PETITIONERS,
v.
JOSEPH SULLIVAN, ETC., RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court quashed the Second District Court of Appeal's decision in Kanarek and remanded for reconsideration in light of the Supreme Court's decision in Companioni v. City of Tampa, which had invalidated the legal reasoning the Second District had relied upon.
The Second District's decision in Kanarek must be quashed and remanded for reconsideration because it relied on precedent from Companioni that this Court had quashed.
The Second District Court of Appeal issued a decision in Sullivan v. Kanarek citing City of Tampa v. Companioni as authority; Companioni was pending r…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Remand For Reconsideration cases and more on FLexlaw
We have for review Sullivan v. Kanarek, 34 So.3d 808 (Fla. 2d DCA 2010), in *1228which the Second District Court of Appeal cited as authority its decision in City of Tampa v. Companioni, 26 So.3d 598 (Fla. 2d DCA 2009), quashed, 51 So.3d 452 (Fla.2010). At the time the Second District issued its decision in Kanarek, Compa-nioni 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 Companioni v. City of Tampa, 51 So.3d 452 (Fla.2010) (quashing the Second District’s Compa-nioni decision). We then issued an order directing respondent in the present case to show cause why we should not accept jurisdiction, quash the Second District’s Kanarek decision, and remand for reconsideration in light of our decision in Com-panioni. Upon consideration of 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 in light of this Court’s decision in Compa-nioni
It is so ordered.
CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Sullivan v. Mark David Kanarek, M.D., & Nadal Pediatrics, P.A., 79 So. 3d 900 (Fla. 2d DCA 2012)…MORRIS, Judge. In Kanarek v. Sullivan, 64 So. 3d 1227, 1228 (Fla.2011), the Florida Supreme Court quashed our decision in Sullivan v. Kanarek, 34 So. 3d 808 (Fla. 2d DCA 2010), and remanded for reconsideration in light of the Florida Supreme Court’s decision in Companioni v. City of Tampa, 51 So. 3d 45…
Authorities Cited
- Jollie v. State, 405 So. 2d 418 (Fla. 1981)
- Companioni v. City OF Tampa, 51 So. 3d 452 (Fla. 2010)
- City OF Tampa v. Companioni, 26 So. 3d 598 (Fla. 2d DCA 2009)
- Sullivan v. Mark David Kanarek, M.D., & Nadal Pediatrics, P.A., 34 So. 3d 808 (Fla. 2d DCA 2010)