Ellen Lucille Smith, etc. v. Southland Suites of Ormond Beach, LLC.

We initially accepted jurisdiction to review the decision of the Fifth District Court of Appeal in Estate of Smith v. Southland Suites of Ormond Beach, LLC., 28 So.3d 103 (Fla. 5th DCA 2010), based on express and direct conflict. See art. V, § 3(b)(3), Fla. Const. After further consideration, we conclude that jurisdiction was improvidently granted. Accordingly, we hereby discharge jurisdiction and dismiss this review proceeding.

It is so ordered.

LABARGA, C.J., and PARIENTE, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur. LEWIS, J., dissents.