J.T.A., Inc. v. Harpster

Full title: J.T.A., INC., ETC., APPELLANT, v. DONALD HARPSTER, ET UX, ET AL., APPELLEES

Court: District Court of Appeal of Florida, Fifth District

Date published: Aug 12, 1988

529 So. 2d 731 (Fla. Dist. Ct. App. 1988)

Opinion

Nos. 86-1825, 87-1302.

June 23, 1988. Rehearing Denied August 12, 1988.

Appeal from the Circuit Court for Orange County; Claude R. Edwards, Judge.

Johnie A. McLeod of McLeod, McLeod McLeod, P.A., Apopka, and Michael J. Barber, Kissimmee, for appellant.

Lee Jay Colling and Douglas B. Beattie of Colling Beattie, P.A., Orlando, for appellees.

John T. Allen, Jr., and Christopher P. Jayson of John T. Allen, Jr., P.A., St. Petersburg, for amicus curiae, Federation of Mobile Home Owners of Florida, Inc.

ON MOTION FOR REHEARING

PER CURIAM.

Pursuant to the appellant's motion for rehearing, we vacate our per curiam panel decision filed October 20, 1987, and substitute the following opinion therefor.

The issues in this case are controlled by the en banc opinion in Thomas v. Jones, 524 So.2d 693 (Fla. 5th DCA 1988). Accordingly, we reverse the final judgment, including the award of attorney's fees to the appellees, and remand without prejudice to the institution of individual actions.

REVERSED; REMANDED.

DAUKSCH, J., and UPCHURCH, J., Retired, concur.

SHARP, C.J., dissents with opinion.

SHARP, Chief Judge, dissenting.

I respectfully dissent for the same reasons expressed in my dissent in Thomas v. Jones, 524 So.2d 693 (Fla. 5th DCA 1988).