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723 So. 2d 938

Smallwood v. Perez

District Court of Appeal of Florida

Decided January 20, 1999

District Court of Appeal of Florida · decided 1999-01-20

Decided 1999-01-20

¶1ON MOTION FOR REHEARING EN BANC

PER CURIAM.

¶2The appellee’s motion for rehearing en banc is granted and Chief Judge Schwartz’s dissenting opinion is adopted as the opinion of the court. The judgment under review is therefore affirmed.

¶3SCHWARTZ, C.J., and NESBITT, LEVY, GERSTEN, GREEN, FLETCHER and SORONDO, JJ., concur.

¶4COPE, J., dissents.

COPE, J.

¶5(dissenting).

¶6I respectfully dissent for the reasons stated in the panel opinion on rehearing granted, filed September 16,1998.

¶7GODERICH and SHEVIN, JJ., concur.

¶8JORGENSON, J., recused.

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