The parties have filed a joint notice of settlement and stipulation for dismissal in which the parties withdraw the pending motion for rehearing of this Court's decision issued June 30, 2011. The notice also seeks to voluntarily dismiss the proceeding pursuant to Florida Rule of Appellate Procedure 9.350. We deny leave to voluntarily dismiss this proceeding and exercise our discretion to retain jurisdiction to issue a final decision on the merits in this case; thus the opinion issued by this Court on June 30, 2011, is final. No motion for rehearing of this order will be permitted.
CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur.