Opinion
No. 64725.
April 4, 1985.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions; Third District — Case No. 82-1475.
Joseph P. Averill, Miami, for Miami Daily News, Inc.
Thomas H. Dubocq and Morton Laitner, Miami, for Dade County Dept. of Public Health, Dept. of Health and Rehabilitative Services.
Thomas G. Sherman of DeMeo and Sherman, Coral Gables, for respondents.
Paul J. Levine and Sonia M. Pawluc of Morgan, Lewis and Bockius and Richard J. Ovelmen, Gen. Counsel, Miami, for The Miami Herald Pub. Co., amicus curiae.
Charlene Miller Carres, University of Miami, School of Law, Coral Gables and Bruce Rogow, Gen. Counsel, Nova University Law School, Fort Lauderdale, for American Civil Liberties Union Foundation of Florida, Inc., amicus curiae.
Jim Smith, Atty. Gen., and Mitchel D. Franks, Chief Trial Counsel, Tallahassee, amicus curiae.
We accepted jurisdiction in this cause, reported below as Alice P. v. Miami Daily News, Inc., 440 So.2d 1300 (Fla. 3d DCA 1983), on the basis of conflict with this Court's decision in Wait v. Florida Power Light Co., 372 So.2d 420 (Fla. 1979). After receiving briefs and hearing oral argument, we find that there is no direct and express conflict and, consequently, there is no basis upon which to establish jurisdiction.
Accordingly, the petition for review is denied.
It is so ordered.
BOYD, C.J., and ADKINS, OVERTON, ALDERMAN, McDONALD, EHRLICH and SHAW, JJ., concur.