L.B. & D., INC. v. HARDEN

No. II-2.

359 So.2d 585 (1978)

L.B. & D., INC., Appellant, v. Marvin C. HARDEN, D/B/a Harden-Campbell Insurance Agency and Independent Fire Insurance Company, Appellees.

District Court of Appeal of Florida, First District.

June 23, 1978.


Attorney(s) appearing for the Case

S. Perry Penland, of Penland, McCranie & Shad, Jacksonville, for appellant.

Paul M. Harden, of Smith, Davenport, Peek & Bloom, Jacksonville, for appellee Marvin C. Harden.

Carl K. Staas, of Boyd, Jenerette, Leemis & Staas, P.A., Jacksonville, for appellee Independent Fire Ins. Co.


ON PETITION FOR REHEARING GRANTED

PER CURIAM.

Appellee Harden points out in its petition for rehearing that the alleged January oral agreement on which we based our opinion reversing the summary judgment was first raised on appeal and was never urged at the trial level. The record reflects that appellant's second amended complaint does in fact allege that the agreement took place in May, 1975, rather than January, 1975. Appellant has at no time requested...

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