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VOLKSBANK REGENSBURG eG v. BURGER

No. 97-2628.

703 So.2d 538 (1997)

VOLKSBANK REGENSBURG eG, Appellant, v. Peter L. BURGER, Appellee.

District Court of Appeal of Florida, Fourth District.

December 31, 1997.

Attorney(s) appearing for the Case

Scott J. Leitten of Block & Colucci, P.C., Jupiter, for appellant.

William A. Fleck of Kramer, Ali, Fleck & Carothers, Jupiter, for appellee.

EN BANC

PER CURIAM.

This is an appeal by the plaintiff/appellant of a non-final order, granting the motion of the defendant/appellee to vacate and set aside clerk's certificate of no objection. We affirm and recede from Charles Redi-Mix, Inc. v. Phillips, 580 So.2d 166 (Fla. 4th DCA 1991), to the extent that it conflicts with Greer v. Estate of Smith, 342 So.2d 1007

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