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PROVENCE v. GILLIKIN

No. 97-0775.

711 So.2d 627 (1998)

David PROVENCE, Appellant, v. Jacob W. GILLIKIN and Schuberth, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Stricken July 6, 1998.

Attorney(s) appearing for the Case

Leon C. Baker, Boca Raton, for Appellant.

Patrick J. Casey of Boose Casey Ciklin Lubitz Martens McBane & O'Connell, West Palm Beach, for Appellee Jacob W. Gillikin.

ON MOTION FOR REHEARING

PER CURIAM.

We deny Appellant's motion for rehearing but withdraw our opinion of March 18, 1998, and substitute the following opinion:

Affirmed. The trial court's decision not to take judicial notice of the evidence in question was not an abuse of discretion. Although sections 90.203 and 90.202(5), Florida Statutes, govern taking judicial notice of an official action of an executive department upon request of a party...

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