Childers v. State

On the merits, I concur with and dissent from the majority’s opinion for the same reasons expressed by Chief Judge Kahn in his separate opinion. This opinion addresses only the issue of the court’s en banc review of the instant case. In my judgment, before reaching its decision on the merits, the majority was first required by Florida Rule of Appellate Procedure 9.331 to hurdle the substantial en banc obstacle demanding that the case be either one of maintaining uniformity in the court’s decisions, or of exceptional importance. Because the reason for the court’s exercise of such jurisdiction…