Summary
In Smallwood v. Perez, 735 So.2d 495 (Fla. 3d DCA 1999), the Third District granted appellee's motion for rehearing en banc and adopted Judge Schwartz's dissenting opinion.
Summary of this case from American General Life v. SpurlockOpinion
No. 96-3243.
January 20, 1999.
Appeal from the Circuit Court, Monroe County, Steven P. Shea, J.
Sheri Smallwood, Key West, and Cynthia L. Greene, Miami, for appellants.
Horan Horan and David Paul Horan, Key West, for appellee.
Before SCHWARTZ, C.J., and NESBITT, JORGENSON, COPE, LEVY, GERSTEN, GODERICH, GREEN, FLETCHER, SHEVIN and SORONDO, JJ.
ON MOTION FOR REHEARING EN BANC
The appellee's motion for rehearing en banc is granted and Chief Judge Schwartz's dissenting opinion is adopted as the opinion of the court. The judgment under review is therefore affirmed.
SCHWARTZ, C.J., and NESBITT, LEVY, GERSTEN, GREEN, FLETCHER and SORONDO, JJ., concur.
COPE, J., dissents.
I respectfully dissent for the reasons stated in the panel opinion on rehearing granted, filed September 16, 1998.
GODERICH and SHEVIN, JJ., concur.
JORGENSON, J., recused.