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STATE, DEPT. OF TRANSP. v. BAILEY

No. 91-988.

603 So.2d 1384 (1992)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. Charles Busby BAILEY, Appellee.

District Court of Appeal of Florida, First District.

August 28, 1992.

Attorney(s) appearing for the Case

Thornton J. Williams, Gen. Counsel, Dept. of Transp., Thomas F. Capshew, Asst. Gen. Counsel, Tallahassee, for appellant.

Gordon D. Cherr, McConnaughhay, Roland, Maida, Cherr, and McCranie, P.A., Tallahassee, for appellee.

ON MOTION FOR REHEARING, MOTION FOR REHEARING EN BANC, AND MOTION FOR CERTIFICATION OF QUESTIONS

MINER, Judge.

Appellee's motions for rehearing and motion for certification are hereby denied. However, we now withdraw our previous opinion and substitute the following therefor.

This case is before us on appeal from the trial court's denial of appellant's second, successive motion to set aside judgment pursuant to Florida Rule of Civil Procedure 1.540...

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