No it cannot you crafty fellows:
Dr. Weingrad argues that there is nothing in the Third District’s one-sentence affirmance that provides this Court with jurisdiction under article V, section 3(b)(3), Florida Constitution. We disagree.
Under article V, section 3(b)(3), of the Florida Constitution, this Court has jurisdiction to review a decision of a district court of appeal that “expressly and directly conflicts with a decision of another district court of appeal or of [this Court] on the same question of law.” Art. V, §3(b)(3), Fla. Const.
The decision on review is not merely an unelaborated affirmance, but specifically relies on, and cites to, the decision in Miles I. Miles II, 103 So. 3d at 260 (“Finding no conflict between our prior opinion in [Miles I], and the Supreme Court’s opinion in [Spiewak], we affirm.”).
And guess what -- after determining that jurisdiction exists, the Supremes quashed the 3d's opinion.