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SMALLWOOD v. PEREZ
District Court of Appeal of Florida, Third District.
Jan 20, 1999
ON MOTION FOR REHEARING EN BANC
PER CURIAM.
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.
SCHWARTZ, C.J., and NESBITT, LEVY, GERSTEN, GREEN, FLETCHER and SORONDO, JJ., concur.
COPE, J., dissents.
COPE, J. (dissenting).
I respectfully dissent for the reasons stated in the panel opinion on rehearing granted, filed September 16, 1998.
GODERICH and SHEVIN, JJ., concur.
JORGENSON, J., recused.
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