We initially accepted jurisdiction to review District Board of Trustees v. Morgan, 890 So.2d 1155 (Fla. 5th DCA 2004), a decision by the Fifth District Court of Appeal certifying conflict with the First District Court of Appeal’s decision in O’Kon & Co. v. Riedel, 588 So.2d 1025 (Fla. 1st DCA 1991). See art. V, § 3(b)(4), Fla. Const. Upon further consideration, we have now determined that Morgan and O’Kon & Co. are factually distinct so that the decisions are not in conflict and may live side-by-side in the law of Florida. We therefore exercise our discretion and discharge jurisdiction. Accordingly, this review proceeding is dismissed.

It is so ordered.