Opinion
No. 56018.
February 28, 1980.
Certiorari to the District Court of Appeal; First District, Case No. FF-387.
William C. Owen, of McClure, Wigginton, Owen Maynard, and Robert C. Dean, Tallahassee, for petitioner.
Robert Dennis Comfort, of Jones Langdon, Gainesville, for Chevron Oil Co.
Bruce S. Bullock and Martin J. Mickler, of Bullock, Sharp Childs, Jacksonville, for Hy-Way Heat Systems, Inc.
Monroe E. McDonald, of Sanders, McEwan, Mims McDonald, Orlando, for V.E. Whitehurst Sons, Inc., respondents.
ON REHEARING
We vacate our prior opinion filed November 8, 1979. This is a petition for certiorari to review the decision of the district court, reported at 364 So.2d 1243 (Fla. 1st DCA 1978). We find conflict with our recent decision in Auburn Machine Works Co. v. Jones, 366 So.2d 1167 (Fla. 1979), and quash the decision of the district court and remand for reconsideration only as to respondent Hy-Way Heat Systems, Inc. As to respondents Chevron Oil Company and V.E. Whitehurst Sons, Inc., we approve the decision of the district court and deny certiorari.
It is so ordered.
ENGLAND, C.J., and BOYD, OVERTON, SUNDBERG and ALDERMAN, JJ., concur.