David Mcculla, et Ux. v. Brian C. Rell, D.P.M.

PER CURIAM. We initially accepted review of the Second District Court of Appeal’s decision in Rell v. McCulla, 101 So.3d 878 (Fla. 2d DCA 2012), based on express and direct conflict. See art. V, § 3(b)(3), Fla. Const. Upon further consideration, we have determined that we should exercise our discretion and discharge jurisdiction. Accordingly, we hereby dismiss this review proceeding. It is so ordered. POLSTON, C.J., and LEWIS, CANADY, LABARGA, and PERRY, JJ., concur. PARIENTE and QUINCE, JJ., dissent.