Supreme Court of Florida
DENISE C. SHARON,
C. WILLIAM SHARON,
[January 17, 2008]
We have for review Sharon v. Sharon, 915 So. 2d 630 (Fla. 2d DCA 2005),
in which the Second District Court of Appeal cited as authority its decision in
Nicoletti v. Nicoletti, 902 So. 2d 215 (Fla. 2d DCA 2005), disapproved by
Montello v. Montello, 961 So. 2d 257 (Fla. 2007), and review dismissed, No.
SC05-949 (Fla. Oct. 23, 2007). At the time that the Second District Court issued
its decision in Sharon, its Nicoletti decision was pending review in this Court. We
have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So. 2d 418
We stayed the present case pending our disposition of Montello v. Montello,
961 So. 2d 257 (Fla. 2007), in which we ultimately disapproved the Second
District Nicoletti decision. Petitioner thereafter filed a motion for summary relief
pursuant to our decision in Montello. Upon consideration of petitioner’s motion,
respondent’s opposing response thereto, and the parties’ previously filed
jurisdictional briefs, we hereby grant petitioner’s motion for summary relief.
We accordingly grant the petition for review in the present case. The
decision under review is quashed, and this matter is remanded to the Second
District for reconsideration upon application of this Court’s decision in Montello.
It is so ordered.
LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and
BELL, JJ., concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND
IF FILED, DETERMINED.
Application for Review of the Decision of the District Court of Appeal - Direct
Conflict of Decisions
Second District - Case No. 2D03-3051 and 2D03-5731
Marie Tomassi and Karen E. Lewis of Trenam, Kemker, Scharf, Barkin, Frye,
O’Neill and Mullis, St. Petersburg, Florida,
Virginia R. Vetter, Tampa, Florida,