State v. Payne

Supreme Court of Florida

State v. Payne

550 So. 2d 1120, 14 Fla. L. Weekly 556, 1989 Fla. LEXIS 1058, 1989 WL 132631

Supreme Court of Florida·Decided November 2, 1989·No. No. 73821·Published·Cited by 1 cases

Opinion

PER CURIAM.

We accepted jurisdiction of Payne v. State, 538 So.2d 1302 (Fla.1st DCA 1989), based on apparent conflict with Carawan v. State, 515 So.2d 161 (Fla.1987). Upon examination of the record and argument of counsel, we have determined that the opinion below is not in conflict with Carawan. Accordingly, we dismiss this cause on the ground that jurisdiction was granted improvidently.

It is so ordered.

EHRLICH, C.J., and OVERTON, McDonald, shaw, barkett, GRIMES and KOGAN, JJ., concur.

NO MOTION FOR REHEARING WILL BE ENTERTAINED BY THIS COURT.

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PER CURIAM.

We accepted jurisdiction of Payne v. State, 538 So.2d 1302 (Fla.1st DCA 1989), based on apparent conflict with Carawan v. State, 515 So.2d 161 (Fla.1987). Upon examination of the record and argument of counsel, we have determined that the opinion below is not in conflict with Carawan. Accordingly, we dismiss this cause on the ground that jurisdiction was granted improvidently.

It is so ordered.

EHRLICH, C.J., and OVERTON, McDonald, shaw, barkett, GRIMES and KOGAN, JJ., concur.

NO MOTION FOR REHEARING WILL BE ENTERTAINED BY THIS COURT.

State v. Payne, 550 So. 2d 1120, 14 Fla. L. Weekly 556, 1989 Fla. LEXIS 1058, 1989 WL 132631 (Fla. 1989).

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