John Patrick v. Richard Hess

Because I conclude that the decision of the Second District in Hess v. Patrick, 164 So.3d 19 (Fla. 2d DCA 2015), does not expressly and directly conflict with the decision of the Fifth District in Haigh v. Planning Board, 940 So.2d 1230 (Fla. 5th DCA 2006), or the decision of the Fourth District in New York State Commissioner of Taxation & Finance v. Friona, 902 So.2d 864 (Fla. 4th DCA 2005), I would dismiss this case for lack of jurisdiction under *1045article V, section 3(b)(3) of the Florida Constitution.

In Hess, the Second District addressed the statute of limitations applicable to the…