Wallace v. Dean

I dissent because I would (1) discharge jurisdiction, or (2) affirm the well-reasoned decision of the Fifth District Court of Appeal.(1) In its decision, the Fifth District makes the specific point that “Florida courts have not directly addressed whether responding to a 911 call to conduct a well-being check constitutes ‘an express promise or assurance of assistance.’ ” Wallace v. Dean, 970 So.2d 864, 868 (Fla. 5th DCA 2007). The majority here points to no conflicting authority. Thus, without conflict on the issue in this case, the case should be discharged.(2) In view of the majority’s…