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WAL-MART STORES, INC. v. CARUSO

No. 4D03-761.

884 So.2d 102 (2004)

WAL-MART STORES, INC., d/b/a Wal-mart, a Delaware corporation authorized to and doing business in the State of Florida, Appellant, v. Mark CARUSO, Appellee.

District Court of Appeal of Florida, Fourth District.

June 2, 2004.

Attorney(s) appearing for the Case

John R. Hamilton of Foley & Lardner, Orlando, for appellant.

Richard E. Retamar of The Retamar Law Firm, Deerfield Beach, and Diran V. Seropian of Caruso & Burlington, P.A., West Palm Beach, for appellee.

ON MOTION FOR REHEARING

STONE, J.

We deny Appellee's motion for rehearing. However, we withdraw our opinion dated March 31, 2004, and substitute the following opinion:

We reverse a judgment entered on a jury verdict against Wal-Mart Stores, Inc. based on counts for breach of contract and negligence. Caruso contracted to practice optometry in Wal-Mart's vision center. The claim for breach of contract arose out of Wal-Mart's failure to renew...

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