Narrative Opinion Summary
The court reviewed the case of State v. J.C. J.G. E.G. T.N. C.C., 916 So.2d 847 (Fla. 2nd DCA 2005), where the Second District Court of Appeal cited V.K.E. v. State, 902 So.2d 343 (Fla. 5th DCA 2005), which had been quashed by the Florida Supreme Court. The Supreme Court confirmed jurisdiction under Florida Constitution Article V, sections 3(b)(3) and 3(b)(4). Following the quashal of V.K.E., the Supreme Court recognized that the certified question from the Second District was resolved contrary to the decision under review. The court decided to exercise its jurisdiction to grant the petition for review, quash the Second District's decision, and remand the case for reconsideration in light of its ruling in V.K.E. The decision was unanimous with Chief Justice Lewis and Justices Wells, Anstead, Pariente, and Quince concurring, while Justices Cantero and Bell concurred in result only.
Legal Issues Addressed
Jurisdiction of the Florida Supreme Courtsubscribe to see similar legal issues
Application: The Florida Supreme Court exercised its jurisdiction under specific provisions of the Florida Constitution to review and quash a decision by the Second District Court of Appeal.
Reasoning: The Supreme Court confirmed jurisdiction under Florida Constitution Article V, sections 3(b)(3) and 3(b)(4).
Quashal of Appellate Decisionssubscribe to see similar legal issues
Application: The Supreme Court quashed the decision of the Second District Court of Appeal following its earlier decision that quashed V.K.E. v. State.
Reasoning: Following the quashal of V.K.E., the Supreme Court recognized that the certified question from the Second District was resolved contrary to the decision under review.
Remand for Further Considerationsubscribe to see similar legal issues
Application: The case was remanded to the Second District Court of Appeal for reconsideration in light of the Supreme Court's ruling in V.K.E.
Reasoning: The court decided to exercise its jurisdiction to grant the petition for review, quash the Second District's decision, and remand the case for reconsideration in light of its ruling in V.K.E.
Unanimous Decision and Concurrencesubscribe to see similar legal issues
Application: The decision to quash and remand was unanimous, with all justices concurring, though two concurred in result only.
Reasoning: The decision was unanimous with Chief Justice Lewis and Justices Wells, Anstead, Pariente, and Quince concurring, while Justices Cantero and Bell concurred in result only.