AUTO-OWNERS INS v. JODY WILLIS BUILDER

Full title: AUTO-OWNERS INSURANCE COMPANY, Appellant, v. JODY WILLIS BUILDER, INC.…

Court: District Court of Appeal of Florida, Second District

Date published: Jul 1, 2005

Case No. 2D04-139 (Fla. Dist. Ct. App. Jul. 1, 2005)

Opinion

Case No. 2D04-139.

Opinion filed July 1, 2005.

Appeal from the Circuit Court for Hillsborough County, Anthony Rondolino, Judge.

A. Wade James of A. Wade James, P.A., St. Petersburg, for Appellant.

Ernest J. Marquart of Shumaker, Loop Kendrick LLP, Tampa, for Appellees, Chet Tharpe and Helen Tharpe.

Mark A. Boyle of Fink Boyle, P.A., Fort Myers, for Amicus Curiae First Home Builders of Florida.

BY ORDER OF THE COURT:

Upon the court's own motion, the mandate issued June 9, 2005, is recalled. The opinion dated April 6, 2005, is withdrawn, and the attached opinion is substituted therefor. No further motions will be entertained in this proceeding.

I HEREBY CERTIFY that the foregoing is a true copy of the original court order.

PER CURIAM.

Affirmed. See J.S.U.B., Inc. v. U.S. Fire Ins. Co., 30 Fla. L. Weekly D774 (Fla. 2d DCA Mar. 18, 2005).

FULMER, C.J., and WHATLEY and VILLANTI, JJ., Concur.