Pomfret v. Atkinson

We have for review Pomfret v. Atkinson, 53 So.3d 413 (Fla. 4th DCA 2011), in which the Fourth District Court of Appeal cited as authority its decision in DelMonico v. Traynor, 50 So.3d 4 (Fla. 4th DCA 2010), quashed, 116 So.3d 1205 (Fla.2013). At the time that the Fourth District issued its decision in Pomfret, DelMonico was pending review in this Court. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So.2d 418 (Fla.1981).

We stayed proceedings in this case pending our disposition of DelMonico v. Traynor, 116 So.3d 1205, 1209 (Fla.2013), in which we ultimately…