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DEPT., EDUC. v. ROE EX REL. ROE

No. 94-3040.

656 So.2d 507 (1995)

DEPARTMENT OF EDUCATION, Petitioner, v. Sally ROE, a minor child, by and through her mother and next friend, Ann ROE, and Ann Roe, individually, Respondents.

District Court of Appeal of Florida, First District.

Rehearing Denied June 16, 1995.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Laura Rush, Asst. Atty. Gen., Office of Atty. Gen., Tallahassee, for petitioner.

Thomas L. Powell of Douglass, Powell & Rudolph, Tallahassee, for respondents Sally Roe and Ann Roe.

Gordon D. Cherr and Patricia Hart Malono of McConnaughhay, Roland, Maida & Cherr, P.A., Tallahassee, for respondent Leon County School Bd. and Superintendent.

John C. Cooper, Tallahassee, for respondent Sam Alderman.

Jeannette M. Andrews, Tallahassee, for respondent Nancy E. Russell.

ON MOTIONS FOR REHEARING, MOTIONS FOR REHEARING EN BANC, AND MOTION FOR CERTIFICATION OF CONFLICT

[Original Opinion at 20 Fla. L. Weekly D686]

ERVIN, Judge.

Respondents seek rehearing, rehearing en banc, certification of conflict, and clarification of our opinion issued March 14, 1995, which reversed the trial court's denial of petitioner's motion to dismiss Roes' amended complaint, with prejudice, because Roe failed to allege a duty that the Department...

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