MORRIS, Judge. In Kanarek v. Sullivan, 64 So.3d 1227, 1228 (Fla.2011), the Florida Supreme Court quashed our decision in Sullivan v. Kanarek, 34 So.3d 808 (Fla. 2d DCA 2010), and remanded for reconsideration in light of the Florida Supreme Court's decision in Companioni v. City of Tampa, 51 So.3d 452, 453 (Fla.2010). On remand, we have reconsidered the case and have concluded that a new trial is required for the reasons expressed below.