Florida District Courts of Appeal, 1988

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

Florida District Courts of Appeal · Decided June 23, 1988 · Dauksch, Sharp, Upchurch

529 So. 2d 731; 13 Fla. L. Weekly 1482; 1988 Fla. App. LEXIS 2571 (Southern Reporter, Second Series)

Opinion of the Court

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.

Dissenting 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).

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