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BYERS v. RITZ

No. 3D01-3585.

890 So.2d 343 (2004)

John M. BYERS, as Personal Representative of the Estate of John M. Byers, Jr., deceased, Appellant, v. David RITZ and Paul Barcinas, Appellees.

District Court of Appeal of Florida, Third District.

December 15, 2004.

Attorney(s) appearing for the Case

Eversole & Rudd, P.A.; Albert Gordon; Hersch & Talisman, P.A. and Patrice A. Talisman, Miami, for appellant.

Lane, Reese, Aulick, Summers & Field and Paul Field; David L. Markarian, Miami, for appellees.

Before SCHWARTZ, C.J., and COPE, LEVY, GERSTEN, GODERICH, GREEN, FLETCHER, SHEVIN, RAMIREZ, and SHEPHERD, JJ.

ON MOTION FOR REHEARING EN BANC

GREEN, J.

We grant the appellees' motion for rehearing and rehearing en banc, withdraw our previous opinion filed November 26, 2003, and issue the following in its stead.

The plaintiff/appellant, John M. Byers, appeals from a final judgment entered in favor of the defendants/appellees, David Ritz and Paul Barcinas, in a wrongful death action. Because we find that this...

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