Fitzgerald v. State

761 So. 2d 319, 25 Fla. L. Weekly Supp. 500, 2000 Fla. LEXIS 1275, 2000 WL 796062
Supreme Court of Florida·Decided June 22, 2000·No. No. SC93097·Published

Opinion

PER CURIAM.

We have for review the decision in Fitzgerald v. State, 708 So.2d 690 (Fla. 5th DCA 1998), in which the Fifth District cited as controlling authority its opinion in Maddox v. State, 708 So.2d 617 (Fla. 5th DCA 1998), approved in part, disapproved in part, 760 So.2d 89 (Fla.2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So.2d 418, 420 (Fla.1981). We quash the decision below and remand for the Fifth District to consider this case in light of our opinion in Maddox.

It is so ordered.

HARDING, C.J., and SHAW, WELLS, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.

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Fitzgerald v. State, 761 So. 2d 319, 25 Fla. L. Weekly Supp. 500, 2000 Fla. LEXIS 1275, 2000 WL 796062 (Fla. 2000).

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Related

Maddox v. State
708 So. 2d 617 (District Court of Appeal of Florida, 1998)
Jollie v. State
405 So. 2d 418 (Supreme Court of Florida, 1981)
Fitzgerald v. State
708 So. 2d 690 (District Court of Appeal of Florida, 1998)