UNIVERSITY OF FLORIDA BOARD OF TRUSTEES v. YELTON (2022)

District Court of Appeal of Florida, First District.

UNIVERSITY OF FLORIDA BOARD OF TRUSTEES, Petitioner, v. Lewis Taylor YELTON, as Personal Representative of the Estate of Doran D. Yelton, Respondent.

No. 1D21-3004

Decided: January 05, 2022

Christine R. Davis of Davis Appeals, PLLC, Tallahassee; Eric P. Gibbs of Estes, Ingram, Foels & Gibbs, P.A., Maitland, for Petitioner. Robert L. McLeod, II of The McLeod Firm, St. Augustine, for Respondent.

Opinion on Motions for Rehearing, Rehearing En Banc, Written Opinion, Certification of Conflict And/or Certification of a Question of Great Public Importance

On consideration of Petitioner's motions, this Court grants the motions for rehearing and certification of conflict. We deny the motion for rehearing en banc, the request for a written opinion, and the request for certification of a question of great public importance. We withdraw the order issued on November 3, 2021, and substitute the following opinion in its place.

The petition for writ of certiorari is dismissed for lack of jurisdiction. See Williams v. Oken, 62 So. 3d 1129 (Fla. 2011); Univ. of Fla. Bd. of Trustees v. Carmody, No. 1D21-634, ––– So.3d ––––, 2021 WL 5231992 (Fla. 1st DCA Nov. 10, 2021). We certify conflict with Clare v. Lynch, 220 So. 3d 1258 (Fla. 2d DCA 2017), and Riggenbach v. Rhodes, 267 So. 3d 551 (Fla. 5th DCA 2019).

Per Curiam.

Rowe, C.J., and Makar and Jay, JJ., concur.

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