This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, the Court has determined that it lacks jurisdiction in this case because there is no majority decision on the merits.Cf Floridians for a Level Playing Field v. Floridians Against Expanded Gambling, 967 So. 2d 832, 833 (Fla. 2007) (stating that where a district court is unable to reach a clear majority decision on an issue and elects to certify a question without resolving the merits, this Court is without jurisdiction);Boler v. State, 678 So. 2d 319, 320 n. 2 (Fla. 1996) (stating that if a district court is evenly split on a legal issue and specifically withholds a decision on the merits, there is no "decision" on which to base certified conflict review under section 3(b)(4)); Jenkins v. State, 385 So. 2d 1356, 1359 (Fla. 1980) (explaining that "the language and expressions found in a dissenting or concurring opinion cannot support jurisdiction under section 3(b)(3) because they are not the decision of the district court of appeal"). Accordingly, it is ordered that the petition for review is denied.
No motion for rehearing will be entertained by the Court.See Fla.R.App.P. 9.330(d)(2).
PARIENTE, LEWIS, CANADY, POLSTON, and LABARGA, JJ., concur.