Read the following excerpt from a US court opinion:
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must be regarded as complete until the time the petition for review is denied. Florida Star at 289. “Moreover, the denial of review ... did not operate to deprive this Court of its subject-matter jurisdiction retroactively, but merely constituted the point in time at which jurisdiction, for whatever reason, had ended.” Id. at 289. Because of the nature of our opinion in Mullins’ direct appeal (a PCA with citation to a case pending supreme court review), the Florida Supreme Court had subject-matter jurisdiction and Mullins could appropriately petition the court to exercise its discretionary jurisdiction. While the Florida Su s not whether the court has subject matter jurisdiction, which it does, but whether it chooses to exercise it. Cf. Jollie v. State, 405 So.2d 418 (Fla.1981) ; Harrison v. Hyster, Co., 502 So.2d 100 (Fla.
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What is the most suitable continuation to the opinion? Your options are:
A. holding that a district court of appeal opinion which cites as controlling authority a decision that is either pending review in or has been reversed by the court constitutes prima facie express conflict and allows the court to exercise its discretionary jurisdiction
B. holding that a circuit court has no jurisdiction to review a district courts discretionary decision not to depart downward from the guidelines but would have jurisdiction if the district court based its decision on the belief that it did not have the authority to depart
C. holding that district court opinion which cites controlling authority that is pending review in florida supreme court allows supreme court to exercise jurisdiction
D. holding that the court does not have jurisdiction to review per curiam decisions of the district courts of appeal that merely affirm with citations to cases not pending review in this court
E. holding that a district court decision rendered without opinion or citation constitutes a decision from the highest state court empowered to hear the cause
Reply with [A, B, C, D, E] only.