TYRAK v. GARCIA (2020)

District Court of Appeal of Florida, Second District.

Orest Radionovich TYRAK and Arsen Radionovich Tyrak, Petitioners, v. Ashley GARCIA and David Garcia Diaz, Respondents.

Case No. 2D19-4864

Decided: September 30, 2020

Kansas R. Gooden of Boyd & Jenerette, P.A., Miami; and Toni-Ann S. Brown of Boyd & Jenerette, P.A., Boca Raton, for Petitioners. Amy Kimberly Kenyon, of Kenyon Law Group, P.L.L.C., Bradenton; for Respondents.

Denied. See Younkin v. Blackwelder, 332 So.3d 1032 (Fla. 5th DCA Feb. 22, 2019), review granted, No. SC19-385, 2019 WL 2180625 (Fla. May 21, 2019); Tortorella-Andrews v. Delvecchio, 313 So.3d 673 (Fla. 2d DCA Jan. 3, 2020).

BY ORDER OF THE COURT:

Petitioners filed on June 11, 2020, their motion for a written opinion, following this court's denial of their petition for certiorari review, rendered on June 5, 2020. Petitioners contend that the facts of this matter are factually and legally similar to cases pending review by the Florida Supreme Court and that a written opinion will place this matter in the “pipeline” for resolution by the applicable law as determined by the Florida Supreme Court. See Barthel v. State, 882 So. 2d 1054, 1055 (Fla. 2d DCA 2004). Accordingly, Petitioners' motion for written opinion is granted. We vacate the June 5, 2020 decision denying Petitioners' petition for certiorari review and substitute the attached opinion in its place. No further motions for rehearing will be entertained. I HEREBY CERTIFY THE FOREGOING IS A TRUE COPY OF THE ORIGINAL COURT ORDER.

MARY ELIZABETH KUENZEL, CLERK

PER CURIAM.

NORTHCUTT, BLACK, and SMITH, JJ., Concur.

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