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DEPARTMENT OF TRANSP. v. FISHER

No. 2D05-5643.

958 So.2d 586 (2007)

DEPARTMENT OF TRANSPORTATION, Appellant, v. Gregg FISHER and Carol J. Fisher, Appellees.

District Court of Appeal of Florida, Second District.

June 27, 2007.

Attorney(s) appearing for the Case

Pamela S. Leslie, General Counsel, and Gregory G. Costas, Assistant General Counsel, Tallahassee, for Appellant.

Raymond T. Elligett, Jr., of Schropp, Buell & Elligett, P.A., Tampa; and Marc I. Sachs and D. Tobyn DeYoung of Sachs & DeYoung, P.A., Tampa, for Appellees.

Opinion dissenting on denial of rehearing.

BY ORDER OF THE COURT:

The Appellees' motion for rehearing is denied. A single member of the panel dissents, with opinion, from the denial of the motion for rehearing. Accordingly, the opinion dated July 14, 2006, is withdrawn and the attached opinion that includes the dissenting opinion to the denial of the motion for rehearing is substituted for that opinion. No further motions for rehearing will be entertained...

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