McDOWELL v. RODRIGUEZ

No. 5D00-1709.

822 So.2d 14 (2002)

Susan McDOWELL, et al., Appellant, v. Martha RODRIGUEZ, etc., et al, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 11, 2002 and June 11, 2002.


Attorney(s) appearing for the Case

David C. Knapp and Daniel F. Dill, of Rogers, Dowling & Coleman, P.A., Orlando, for Appellant, Susan McDowell.

Tracy Raffles Gunn, Charles Tyler Cone and Charles W. Hall, of Fowler, White, Gillen, Boggs, Villareal and Banker, P.A., Tampa, and St. Petersburg, and Elizabeth C. Wheeler of Wheeler & Wilkinson, LLP, Orlando, for Appellant, Infinity Insurance Company.

R. Matthews Miles, Jr., of R. Matthews Miles & Associates, Daytona Beach, for Appellees Boniface Hiers Buick, Inc., and Universal Underwriters Insurance Company.


PER CURIAM.

ON MOTION FOR REHEARING EN BANC

We grant rehearing, withdraw our prior opinion and substitute the following:

The issue in this case concerns the application of the concept of indemnification as modified by the dangerous instrumentality doctrine in Florida. The operative facts are:

In 1993 Susan McDowell purchased a 1988 Cadillac from Boniface Hiers Buick, Inc. (Boniface). She had multiple problems with the vehicle and returned...

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