Opinion
No. SC01-969.
June 27, 2002.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict, Third District — Case No. 3D98-2674 (Dade County).
John Beranek of Ausley McMullen, Tallahassee, FL; and Thomas Panza and Mark Hendricks of Panza, Maurer, Maynard Neel, P.A., Fort Lauderdale, FL, for Petitioner.
Richard A. Barnett, Hollywood, Florida; and Donald A. Tobkin, M.D., Hollywood, FL, for Respondent.
Stephen H. Grimes and Susan L. Kelsey of Holland Knight LLP, Tallahassee, FL, for University of Miami, The Independent Colleges and Universities of Florida, and The American Council on Education, Amici Curiae.
Philip M. Burlington of Caruso, Burlington, Bohn Compiani, P.A., West Palm Beach, FL; and Kathryn Johnston, Vero Beach, FL, for The Academy of Florida Trial Lawyers, Amicus Curiae.
We initially accepted jurisdiction to review Sharick v. Southeastern University of the Health Sciences, Inc., 780 So.2d 136 (Fla. 3d DCA 2000), based on express and direct conflict with Douglass Fertilizers Chemical, Inc. v. McClung Landscaping, Inc., 459 So.2d 335 (Fla. 5th DCA 1984).
Upon reflection and further consideration, we now conclude that review was improvidently granted. Accordingly, this review proceeding is dismissed.
It is so ordered.
WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS, and QUINCE, JJ., concur.