STATE OF FLORIDA vs. CAMPBELL
Court initially accepted jurisdiction to review State v. Campbell, 911 So. 2d 192 (Fla. 4th DCA 2005), a decision by the Fourth District Court of Appeal certifying a question to this Court as one involving great public importance. See art. V, S 3(b)(4), Fla. Const. However, during oral argument, the parties conceded that the facts as outlined in the Fourth District's decision are materially different from those depicted in the trial court record. Neither of the parties filed a motion for rehearing with the Fourth District to address these materially disparate facts. Court conclude that reviewing a case under such circumstances would place the instant proceeding in the procedural posture of a rehearing. This Court lacks jurisdiction to rehear a decision issued by a district court; therefore, court exercise our discretion and discharge jurisdiction. Accordingly, this review proceeding is dismissed. It is so ordered.
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