Whitney Information Network, Inc. v. Council of Better Business Bureaus, Inc.

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2007 WHITNEY INFORMATION NETWORK, INC., Petitioner, v. COUNCIL OF BETTER BUSINESS BUREAUS, INC., BETTER BUSINESS BUREAU OF WEST FLORIDA, INC., BETTER BUSINESS BUREAU OF NORTHWEST FLORIDA, INC., BETTER BUSINESS BUREAU OF CENTRAL FLORIDA, INC., BETTER BUSINESS BUREAU OF NORTHEAST FLORIDA, INC. and BETTER BUSINESS BUREAU OF SOUTHEAST FLORIDA AND THE CARIBBEAN, Respondents. No. 4D07-1164 [November 21, 2007] ON REMAND FROM THE FLORIDA SUPREME COURT PER CURIAM. Following this court’s decision dismissing the petition for writ of certiorari in Whitney Information Network v. Council of Better Business Bureaus, 957 So.2d 119 (Fla. 4th DCA 2007), petitioner sought review in the Florida Supreme Court. (SC07-1146). The Supreme Court granted petitioner’s Unopposed Motion to Remand, treating it as a motion to relinquish jurisdiction, and relinquished jurisdiction for this court to reconsider the decision in this case in light of our subsequent decision in Power Plant Entertainment, LLC v. Trump Hotels & Casino Resorts, 958 So.2d 565 (Fla. 4th DCA 2007) (en banc). We have considered the petition and conclude that there is no departure from the essential requirements of law, or a showing of irreparable harm in this case. SHAHOOD, C.J., FARMER and KLEIN, JJ., concur. * * * Petition for writ of certiorari to the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Robert Lance Andrews, Judge; L.T. Case No. 03-15947 (09). Steven N. Lippman, Shawn L. Birken and Matthew S. Sackel of Rothstein Rosenfeldt Adler, Fort Lauderdale, for petitioner. Nancy C. Ciampa, Charles M. Rosenberg and Michael A. Shafir of Carlton Fields, P.A., for respondents. Not final until disposition of timely filed motion for rehearing 2

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