Florida District Courts of Appeal, 1992

Carnahan v. Alexander Proudfoot Co. World Headquarters

Florida District Courts of Appeal · Decided September 2, 1992 · Anstead, Hersey, Stone

605 So. 2d 145; 1992 Fla. App. LEXIS 9302; 1992 WL 211716 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

AFFIRMED.

HERSEY and STONE, JJ., concur. ANSTEAD, J., concurs specially with opinion.

Concurring Opinion

ANSTEAD, Judge,

concurring specially.

Although I agree with the appellant that there may be some appearance of conflict between this court’s resolution without opinion of his earlier appeal, and the results in two subsequent and similar appeals in other cases, I agree with the majority that we cannot go behind the “PCA” by another panel in the first appeal, and, in essence, set that opinion aside. This is especially true when we have no way of knowing the precise basis for the panel’s decision in the earlier appeal. Cf. Alexander Proudfoot Co. World Headquarters v. Baillie, 584 So.2d 183-84 (Fla. 4th DCA 1991) (Glickstein, C.J., dissenting in part).

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