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SCHREIBER v. CHASE FEDERAL SAV. & LOAN ASS'N

No. 80-1213.

422 So.2d 911 (1982)

Jerry B. SCHREIBER, Personal Representative of the Estate of Theadores W. Ross, Appellant, v. CHASE FEDERAL SAVINGS & LOAN ASSOCIATION, Luis Perez, and Gladys Perez, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

October 12, 1982.

Attorney(s) appearing for the Case

Jerry B. Schreiber, Joseph A. McGowan, Miami, for appellant.

Therrel, Baisden, Stanton, Wood & Setlin and Frank R. Gramling, John H. Duhig, Miami, for appellees.

Before HUBBART, C.J., and BARKDULL, HENDRY, SCHWARTZ, NESBITT, BASKIN, DANIEL S. PEARSON, FERGUSON and JORGENSON, JJ.

ON MOTION FOR REHEARING EN BANC GRANTED

SCHWARTZ, Judge.

The court has granted the appellant's motion for rehearing en banc, because, as demonstrated by the uncontested factual recitals in the dissenting opinion, the panel majority's affirmance has created a lack of uniformity within the meaning of Fla.R. App.P. 9.331(a)1 in this court's decisions in this case and in Florida National Bank & Trust Co. at Miami v. Havris...

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