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MOAKLEY v. SMALLWOOD

No. SC95471.

826 So.2d 221 (2002)

Barbara MOAKLEY, Petitioner, v. Sheri SMALLWOOD, Respondent.

Supreme Court of Florida.

Rehearing Denied April 18, 2002.

Attorney(s) appearing for the Case

John P. Fenner, Boca Raton, FL, for Petitioner.

Sheri Smallwood, pro se, Key West, FL, for Respondent.

PARIENTE, J.

We have for review Moakley v. Smallwood, 730 So.2d 286 (Fla. 3d DCA 1999), a decision of the Third District Court of Appeal, which expressly and directly conflicts with the decision of the Second District Court of Appeal in Israel v. Lee, 470 So.2d 861 (Fla. 2d DCA 1985), and the First District Court of Appeal in Miller v. Colonial Baking Co.,

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