Opinion
SC2022-1627
01-26-2024
Ivy Chase Apartments, Ltd., etc., et al,. Petitioner(s) v. Ivy Chase Apartment Property, LLC, Respondent(s)
Lower Tribunal No(s).: 2D2021-0436 512011CA006048CAAXWS
We accepted jurisdiction to review the Second District Court of Appeal's decision in Ivy Chase Apartment Prop., LLC v. Ivy Chase Apartments, Ltd., 352 So.3d 33 (Fla. 2d DCA 2022). Upon further consideration, and with the benefit of oral argument, we exercise our discretion to discharge jurisdiction. Accordingly, jurisdiction is discharged, and this proceeding is hereby dismissed. No motion for rehearing or reinstatement will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, and FRANCIS, JJ., concur.
SASSO, J., recused.
All motions for attorney's fees are hereby denied.
MUÑIZ, C.J., and LABARGA, COURIEL, GROSSHANS, and FRANCIS, JJ., concur.
CANADY, J., would provisionally grant Respondent's motion for attorney's fees and remand to the trial court to determine the amount, conditioned on the party prevailing pursuant to applicable statutes, rules, and case law.
SASSO, J., recused.