Opinion
No. 90,018
Opinion filed May 28, 1998
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions Third District — Case Nos. 95-3539 95-3404 (Dade County).
Elizabeth K. Russo, Miami, Florida, and Rubin, Baum, Levin, Constant, Friedman Bilzin, Miami, Florida, for Petitioners.
Joseph A. DeMaria and Humberto H. Ocariz of Tew Beasley, L.L.P., Miami, Florida, and Marc Cooper of Cooper Wolfe, P.A., Miami, Florida, for Respondents.
Charles R. Gardner of Gardner, Shelfer, Duggar Bist, P.A., Tallahassee, Florida, for The Real Property, Probate and Trust Law Section of The Florida Bar, Amicus Curiae.
We accepted jurisdiction to review Land O'Sun Realty Ltd. v. REWJB Gas Investments, 685 So.2d 870 (Fla. 3d DCA 1996), in order to resolve what appeared to be express and direct conflict withKRC Enterprises v. Soderquist, 553 So.2d 760 (Fla. 2d DCA 1989) and Grier v. M.H.C. Realty Corp., 274 So.2d 21 (Fla. 4th DCA 1973). See art. V, § 3(b)(3), Fla. Const. However, upon closer examination, we find no conflict and that review was improvidently granted. Accordingly, we dismiss the petition.
It is so ordered.
KOGAN, C.J., and OVERTON, SHAW, HARDING, WELLS, ANSTEAD and PARIENTE, JJ., concur.
NO MOTION FOR REHEARING WILL BE ALLOWED.