SMALLWOOD v. PEREZ (1999)

District Court of Appeal of Florida,Third District.

Sheri SMALLWOOD, Chartered, and Sheri Smallwood, Esquire, Appellants, v. Michelle Marie PEREZ, Appellee.

No. 96-3243

Decided: January 20, 1999

Before SCHWARTZ, C.J., and NESBITT, JORGENSON, COPE, LEVY, GERSTEN, GODERICH, GREEN, FLETCHER, SHEVIN and SORONDO, JJ.

Sheri Smallwood, Key West, and Cynthia L. Greene, Miami, for appellants. Horan & Horan and David Paul Horan, Key West, for appellee.

ON MOTION FOR REHEARING EN BANC

The 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.

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

PER CURIAM.

SCHWARTZ, C.J., and NESBITT, LEVY, GERSTEN, GREEN, FLETCHER and SORONDO, JJ., concur. COPE, J., dissents.

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