State v. Overholt

Supreme Court of Florida

State v. Overholt

140 So. 3d 995, 2014 WL 2515951

Supreme Court of Florida·Decided June 5, 2014·No. Nos. SC13-962, SC13-1143·Published·Cited by 1 cases

Opinion

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. See art. 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 [996] 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.

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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. See art. 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 [996] 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.

State v. Overholt, 140 So. 3d 995, 2014 WL 2515951 (Fla. 2014).

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Opinion

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