COMER H. BRYAN, III, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
PER CURIAM.
We have for review Bryan v. State, 862 So. 2d 822 (Fla. 5th DCA 2003), which cites to a case that was pending review in this Court. See Thompson v. State, 808 So. 2d 284 (Fla. 5th DCA), review granted, 826 So. 2d 994 (Fla.2002). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So. 2d 418 (Fla.1981). Upon review of the State’s response to this Court’s order to show cause dated March 8, 2005, we have determined that we have jurisdiction. The petition for review is granted, the Fifth District’s decision in Bryan is quashed, and this matter is remanded for reconsideration upon application of this Court’s decision in Thompson v. State, 887 So. 2d 1260 (Fla.2004). No motion for rehearing will be entertained.
It is so ordered.
PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur.
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Hibbard v. McGRAW, 918 So. 2d 967 (Fla. 5th DCA 2005)…e fault and then subtracted the amount of PIP benefits. However, in Norman, the Court disapproved our holding in Assi. The Court then summarily quashed our decision in this case and remanded for reconsideration in light of Norman. Hibbard v. McGraw, 905 So. 2d 120 (Fla.2005). Accordingly, we have reconsidered our decision in the light of Norman and issue the following opinion. Amanda Carr, by her mother and guardian, Faith Carr Hibbard, appeals from a final judgment in favor of the defendants in a personal i…
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Comer H. Bryan, III v. State, 908 So. 2d 584 (Fla. 5th DCA 2005)…THOMPSON, J. The Florida Supreme Court quashed our decision in Bryan v. State, 862 So. 2d 822 (Fla. 5th DCA 2003), and has remanded the case to this court. Bryan v. State, 905 So. 2d 120 (Fla.2005). The supreme court’s rationale for its decision is explained in Thompson v. State, 887 So. 2d 1260 (Fla.2004). Accordingly, we reverse Bryan’s felony conviction and remand with directions to enter judgment and resentence him for misdeme…
Authorities Cited
- Jollie v. State, 405 So. 2d 418 (Fla. 1981)
- Thompson v. State, 887 So. 2d 1260 (Fla. 2004)
- Thompson v. State, 808 So. 2d 284 (Fla. 5th DCA 2002)
- Comer H. Bryan, III v. State, 862 So. 2d 822 (Fla. 5th DCA 2003)