University of Florida Board of Trustees v. Lewis Taylor Yelton, as Personal Representative of the Estate of Doran D. Yelton
CourtDistrict Court of Appeal of Florida
Date FiledJanuary 5, 2022
Docket1D21-3004
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D21-3004
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UNIVERSITY OF FLORIDA BOARD
OF TRUSTEES,
Petitioner,
v.
LEWIS TAYLOR YELTON, as
Personal Representative of The
Estate of Doran D. Yelton,
Respondent.
_____________________________
On appeal from the Circuit Court for Duval County.
Marianne L. Aho, Judge.
January 5, 2022
OPINION ON MOTIONS FOR REHEARING, REHEARING EN BANC,
WRITTEN OPINION, CERTIFICATION OF CONFLICT AND/OR
CERTIFICATION OF A QUESTION OF GREAT PUBLIC IMPORTANCE
PER CURIAM.
On consideration of Petitionerโs 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, 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).
ROWE, C.J., and MAKAR and JAY, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
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.
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