PAUL POMFRET PDP CAPITAL LLC v. JOHN ATKINSON PDP MANAGEMENT (2011)

District Court of Appeal of Florida, Fourth District.

PAUL POMFRET and PDP CAPITAL, LLC, Appellants, v. JOHN ATKINSON and PDP MANAGEMENT L.P., Appellees.

No. 4D09-1708

Decided: February 23, 2011

ON MOTION FOR REHEARING AND MOTION FOR ISSUANCE OF WRITTEN OPINION

Appellant timely filed a motion for rehearing and request for issuance of a written opinion. We deny the motion for rehearing but grant appellant's motion for issuance of a written opinion. Accordingly, we withdraw our previous opinion and substitute the following.

Affirmed. See DelMonico v. Traynor, 35 So.3d 4(Fla. 4th DCA 2010).

Taylor and Ciklin, JJ. and Towbin Singer, Michele, Associate Judge, concur.

* * *

Alan B. Rose, L. Louis Mrachek, Roy E. Fitzgerald and Stefanie R. Shelley of Page, Mrachek, Fitzgerald & Rose, P.A., West Palm Beach, for appellants.

Jane Kreusler-Walsh of Kreusler-Walsh, Compiani & Vargas, P.A., West Palm Beach, Bernard A. Lebedeker of Burman, Critton, Luttier & Coleman, West Palm Beach, and Robert S. McIntosh of Adorno & Yoss, LLP, Fort Lauderdale, for appellees.

Per Curiam.

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