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DEPARTMENT OF TRANSP. v. FOWLER

No. 91-1426.

621 So.2d 689 (1993)

DEPARTMENT OF Transportation, Appellant, v. James A. Fowler, As Trustee, Appellee.

District Court of Appeal of Florida, Fifth District.

Order Granting Rehearing to Certify Conflict August 6, 1993.

Attorney(s) appearing for the Case

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

Jay W. Small of Brigham, Moore, Gaylord, Wilson, Ulmer, Schuster & Sachs, Orlando, and Alan E. DeSerio of Brigham, Moore, Gaylord, Wilson, Ulmer, Schuster & Sachs, Tampa, for appellee.

PER CURIAM.

We reverse the summary judgment based on this court's en banc opinion in Department of Transportation v. Weisenfeld, 617 So.2d 1071 (Fla. 5th DCA 1993), and remand for further proceedings consistent with that opinion.

HARRIS and GRIFFIN, JJ., concur.

COWART, Judge, Retired, dissents with opinion.

COWART, Judge, Retired, dissenting.

We should affirm the trial court's ruling on the...

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