Opinion
No. 91-1938.
September 2, 1992. Rehearing and Rehearing En Banc Denied October 12, 1992.
Appeal of a non-final order from the Circuit Court for Palm Beach County; Richard B. Burk, Judge.
Thomas D. DeCarlo of Edwards Angell, Palm Beach, for appellant.
Michael J. Koenigsknecht, William W. Yotis, III and William H. Anderson of Gardner, Carton Douglas, Chicago, Illinois, and Kenneth W. Moffet of Roberts Reynolds, P.A., West Palm Beach, for appellees.
AFFIRMED.
HERSEY and STONE, JJ., concur.
ANSTEAD, J., concurs specially with opinion.
Although I agree with the appellant that there may be some appearance of conflict between this court's resolution without opinion of his earlier appeal, and the results in two subsequent and similar appeals in other cases, I agree with the majority that we cannot go behind the "PCA" by another panel in the first appeal, and, in essence, set that opinion aside. This is especially true when we have no way of knowing the precise basis for the panel's decision in the earlier appeal. Cf. Alexander Proudfoot Co. World Headquarters v. Baillie, 584 So.2d 183-84 (Fla. 4th DCA 1991) (Glickstein, C.J., dissenting in part).