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DANIEL v. HOLMES LUMBER CO.

No. AT-463.

471 So.2d 60 (1985)

Leonard H. DANIEL, Appellant, v. HOLMES LUMBER COMPANY, et al., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied June 21, 1985.

Attorney(s) appearing for the Case

William A. Bald, of Pajcic, Pajcic, Dale & Bald, Jacksonville, for appellant.

William R. Swain and Richard M. Stoudemire, of Webb, Swain & Watson, Jacksonville, for appellees Holmes Lumber and Fidelity & Cas. Co. of New York.

Claude K. Slater, of Slater & Randle, Jacksonville, for appellees Holmes Lumber and American Mut. Ins. Co.

ON HEARING EN BANC

PER CURIAM.

The court on its own motion considered this case en banc, Fla.R.App.P. 9.331, after a majority vote that hearing en banc was necessary under the rule, prior to release of a proposed panel opinion. Upon en banc consideration the court was evenly divided as to disposition of the appeal, Judges Mills, Booth, Wentworth, Joanos, Thompson and Barfield voting to affirm the deputy on the grounds that the claim of Leonard H. Daniel...

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