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SHAWN M. ARTHUR, Petitioner, vs. JOSETTE A. ARTHUR, Respondent (revised opinion)

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Supreme Court of Florida ____________ No. SC08-1675 ____________ SHAWN M. ARTHUR, Petitioner, vs. JOSETTE A. ARTHUR, Respondent. [January 14, 2010] REVISED OPINION QUINCE, J. Shawn M. Arthur seeks review of the decision of the Second District Court of Appeal in Arthur v. Arthur, 987 So. 2d 212 (Fla. 2d DCA 2008), on the ground that it expressly and directly conflicts with three decisions of the First District Court of Appeal, Sylvester v. Sylvester, 992 So. 2d 296 (Fla. 1st DCA 2008);Janousek v. Janousek, 616 So. 2d 131 (Fla. 1st DCA 1993); and Martinez v. Martinez, 573 So. 2d 37 (Fla. 1st DCA 1990). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. Based on our reasoning below, we quash the Second District?s decision in Arthur to the extent it is inconsistent with this opinion, and approve the First District?s decisions in Sylvester, Janousek, and Martinez to the extent that they are consistent with our analysis and holding...continue to full post

Full post as published by Florida Criminal Law Opinions on February 10, 2011 (boomark / email).