ON MOTION TO RECALL MANDATE
GRIFFIN, J.
This matter is before the court on appellant's motion to recall mandate and consider appellant's motion for rehearing as timely filed. For the reasons set forth below, we grant the motion to withdraw mandate. We also consider and grant the motion for rehearing, withdraw our previous per curiam affirmance and issue a new opinion.
Appellant, John Stephen Zielke ["Zielke"], filed an appeal of a summary...
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