Supreme Court of Florida
THE DISTRICT BOARD OF TRUSTEES, etc.,
DON R. MORGAN, etc.,
[December 15, 2005]
We initially accepted jurisdiction to review District Board of Trustees v.
Morgan, 890 So. 2d 1155 (Fla. 5th DCA 2004), a decision by the Fifth District
Court of Appeal certifying conflict with the First District Court of Appeal’s
decision in O’Kon & Co. v. Riedel, 588 So. 2d 1025 (Fla. 1st DCA 1991). See art.
V, § 3(b)(4), Fla. Const. Upon further consideration, we have now determined that
Morgan and O’Kon & Co. are factually distinct so that the decisions are not in
conflict and may live side-by-side in the law of Florida. We therefore exercise our
discretion and discharge jurisdiction. Accordingly, this review proceeding is
It is so ordered.
PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO, and
BELL, JJ., concur.
NO MOTION FOR REHEARING WILL BE ALLOWED.
Application for Review of the Decision of the District Court of Appeal - Certified
Direct Conflict of Decisions
Fifth District - Case No. 5D03-3902
David C. Willis and Wendy Vomacka of Rumberger, Kirk and Caldwell, Orlando,
Peter A. Robertson and T. J. Frasier of the Robertson Group. P. L., Gainesville,