J. C. Penney Company v. Richard Koff

This case is before us on appeal from a decision of the Second District Court of Appeal, State v. Cruz, 426 So.2d 1308 (Fla. 2d DCA 1983). The decision directly and expressly conflicts with State v. Casper, 417 So.2d 263 (Fla. 1st DCA), review denied, 418 So.2d 1280 (Fla. 1982). We take jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution. We disapprove the district courts decision.