Nos. SC01-1955, SC01-1956.

873 So.2d 1182 (2003)

CLAY ELECTRIC COOPERATIVE, INC., etc., Petitioner, v. Delores JOHNSON, et al., Respondents. Clay Electric Cooperative, Inc., etc., Petitioner, v. Lance, Inc., etc., et al., Respondents.

Supreme Court of Florida.

Rehearing Denied May 13, 2004.

Attorney(s) appearing for the Case

William T. Stone of Cole, Stone, Stoudemire & Morgan, Jacksonville, FL, for Petitioner.

Stephen J. Pajcic and Thomas F. Slater of Pajcic & Pajcic, P.A., William A. Bald of Dale, Bald, Showalter & Mercier, P.A., and Dennis R. Schutt of Schutt Humphries, Jacksonville, FL, for Respondents.

Charles T. Wiggins and R. Andrew Kent of Beggs & Lane, LLP, Pensacola, FL, for Gulf Power Company, Amicus Curiae.

Joel D. Eaton of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, FL, for the Academy of Florida Trial Lawyers, Amicus Curiae.

Timothy C. Conley and David W. McCreadie of Lau, Lane, Pieper, Conley & McCreadie, P.A., Tampa, FL, for Tampa Electric Company and Edison Electric Institute, Amici Curiae.

SHAW, Senior Justice.

We have for review Johnson v. Lance, Inc., 790 So.2d 1144 (Fla. 1st DCA 2001) (hereinafter "Johnson"), and Lance, Inc. v. Johnson, 790 So.2d 1163 (Fla. 1st DCA 2001) (hereinafter "Lance"), based on conflict with Martinez v. Florida Power & Light Co., 785 So.2d 1251 (Fla. 3d DCA


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