HORN v. SHELDON GREENE ASSOCIATES

PER CURIAM.

We granted review of the decision of the Third District Court of Appeal, Sheldon Greene Associates v. Rosinda Investments, N.V., 475 So.2d 925 (Fla. 3d DCA 1985), on the basis that it expressly and directly conflicted with Shuler v. Allen, 76 So.2d 879 (Fla. 1955). Upon further examination of the record and reconsideration of the holdings of these two cases, we find they are factually distinguishable. We therefore dismiss the petition for review.

It is so ordered.

McDONALD, C.J., and ADKINS, BOYD, OVERTON, SHAW and BARKETT, JJ., concur.

EHRLICH, J., dissents.