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FLORIDA DEPT. OF TRANSP. v. JULIANO

No. 98-267.

864 So.2d 11 (2003)

FLORIDA DEPARTMENT OF TRANSPORTATION, Appellant, v. Angelo JULIANO, Appellee.

District Court of Appeal of Florida, Third District.

September 10, 2003.

Attorney(s) appearing for the Case

Vernis & Bowling of the Florida Keys, P.A. and Dirk M. Smits, for appellant.

Keyfetz, Asnis & Srebnick, P.A. and L. Barry Keyfetz, and Bradley D. Asnis, Miami, for appellee.

Before COPE, LEVY and GREEN, JJ.

ON MOTION FOR REHEARING

GREEN, J.

We deny the motion for rehearing, but withdraw our opinion dated September 11, 2002, and substitute the following in its stead.

Pursuant to the Florida Supreme Court's mandate in Florida Department of Transportation v. Juliano, 801 So.2d 101 (Fla.2001) ("Juliano III"), we must resolve the issues of whether culpable negligence is the proper standard of negligence under...

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