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 The opinion dated April 6, 2005, is withdrawn, and the attached opinion is substituted therefor.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.
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.