Opinion
Nos. SC13–962 SC13–1143.
2014-06-5
STATE of Florida, Petitioner, v. Calvin Lewis OVERHOLT, Jr., Respondent. State of Florida, Petitioner, v. Robert F. Oliver, Respondent.
Application for Review of the Decision of the District Court of Appeal—Direct Conflict of Decisions, Fourth District—Case Nos. 4D11–3742 and 4D12–125 (Okeechobee County). Pamela Jo Bondi, Attorney General, Tallahassee, FL; Celia Terenzio and Melanie Dale Surber, Assistant Attorneys General, West Palm Beach, FL, for Petitioner. Carey Haughwout, Public Defender, West Palm Beach, FL; Tatjana Ostapoff and Anthony Calvello, Assistant Public Defenders, West Palm Beach, FL, for Respondents.
Application for Review of the Decision of the District Court of Appeal—Direct Conflict of Decisions, Fourth District—Case Nos. 4D11–3742 and 4D12–125 (Okeechobee County).
Pamela Jo Bondi, Attorney General, Tallahassee, FL; Celia Terenzio and Melanie Dale Surber, Assistant Attorneys General, West Palm Beach, FL, for Petitioner. Carey Haughwout, Public Defender, West Palm Beach, FL; Tatjana Ostapoff and Anthony Calvello, Assistant Public Defenders, West Palm Beach, FL, for Respondents.
Prior reports: 2013 WL 4516469; 2013 WL 4516467. PERRY, J.
We initially accepted review of the decisions in Overholt v. State, 110 So.3d 530 (Fla. 4th DCA 2013), and Oliver v. State, 125 So.3d 244 (Fla. 4th DCA 2013), based on direct and express conflict. Seeart. V, § 3(b)(3), Fla. Const. In light of the State's suggestion of mootness, we dismiss review of the decision in Overholt as moot. Additionally, upon further consideration, we conclude that jurisdiction was improvidently granted in Oliver. Accordingly, we discharge jurisdiction and dismiss this review proceeding.
It is so ordered. POLSTON, C.J., and PARIENTE, CANADY, and LABARGA, JJ., concur.
LEWIS and QUINCE, JJ., dissent.