HEALTH CARE AND RETIREMENT CORP. v. BRADLEY

No. 4D06-2653.

944 So.2d 508 (2006)

HEALTH CARE AND RETIREMENT CORPORATION OF AMERICA, INC.; Manorcare Health Services, Inc., d/b/a Heartland Health Care, Petitioners, v. Peggy BRADLEY, as Personal Representative of the Estate of Buford Allen Fennell, Jr., Respondent.

District Court of Appeal of Florida, Fourth District.

December 20, 2006.


Attorney(s) appearing for the Case

Christopher J. Kaiser and Sylvia H. Walbolt of Carlton Fields, P.A., St. Petersburg, and Barry A. Postman and Lee M. Cohen of Cole, Scott & Kissane, P.A., West Palm Beach, for petitioners.

Lynn G. Waxman of Lynn G. Waxman, P.A., West Palm Beach, and Daniel G. Williams of Gordon & Doner, P.A., Palm Beach Gardens, for respondent.


ON MOTION FOR REHEARING

PER CURIAM.

The respondent to this petition for writ of certiorari moved for rehearing which we treat as a motion for clarification and grant. We withdraw our prior opinion in this case and replace it with the following.

The petitioner, Health Care and Retirement Corporation of America ("Manor Care"), seeks certiorari review of a lower court order denying its motion to disqualify opposing counsel. We grant this petition...

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