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PENNINGTON GRAIN AND SEED, INC. v. TUTEN

Nos. AD-323, AD-324.

422 So.2d 948 (1982)

PENNINGTON GRAIN AND SEED, INC., a Georgia Corporation, Appellant, v. Edward Howard TUTEN and Producers Corporation of Madison, a Florida Corporation, and John L. Tippette and Producers Corporation of Madison, a Florida Corporation, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied December 16, 1982.

Attorney(s) appearing for the Case

George D. Gabel, Jr., Russell W. La Peer and James J. Taylor, Jr., of Wahl & Gabel, Jacksonville, and Clark C. King, Jr., of Lord, Bissell & Brook, Chicago, Ill., for appellant.

Ernest A. Sellers and Andrew J. Decker, III, of Airth, Sellers & Lewis, Live Oak, and Edwin P. Browning, Jr., Madison, for Tuten and Tippette, appellees.

Thomas E. Stone, Madison, for Producers Corp., appellee.

John P. Manwell of Kirkland & Ellis, Washington, D.C., for American Seed Trade Ass'n, amicus curiae.

W. Ross Foote of Trimble, Randow, Percy, Smith, Wilson & Foote, Alexandria, La., for Southern Seedsman Ass'n, amicus curiae.

ON MOTION FOR REHEARING

WIGGINTON, Judge.

Having considered Appellees' Motion for Rehearing, we grant the motion and withdraw the opinion previously filed in this cause, substituting the following decision and opinion in lieu thereof.

This is a consolidated appeal by Pennington Grain and Seed, Inc., of Madison, Georgia, from judgments based on special jury verdicts finding the corporation negligent and liable for breach of both express and implied...

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