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ORANGE COUNTY v. STATE

No. 79-1508/T4-648.

395 So.2d 1158 (1980)

ORANGE COUNTY, a Political Subdivision of the State of Florida, Appellant, v. The STATE of Florida, On the Relation of Glen E. SMITH, As Trustee, and Ann Ross, Appellees.

District Court of Appeal of Florida, Fifth District.

On Rehearing February 25, 1981.

Rehearing Denied April 2, 1981.

Attorney(s) appearing for the Case

James F. Page, Jr. of Gray, Adams, Harris & Robinson, P.A., Orlando, for appellant.

Byrd V. Duke, Jr., North Miami, for appellee, Glen E. Smith.

PER CURIAM.

AFFIRMED.

DAUKSCH, C.J., and COBB and SHARP, JJ., concur.

ON MOTION FOR REHEARING

SHARP, Judge.

The motion for rehearing is granted because this court overlooked the fact, due to the voluminous record in this case and the inadequacy of the briefs, that the City of Bithlo was never defaulted in the prior litigation, and therefore the substituted party, Orange County, should not be foreclosed from raising the defense of...

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