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PROGRESSIVE EXP. INS. CO. v. SCHULTZ

No. 5D06-444.

948 So.2d 1027 (2007)

PROGRESSIVE EXPRESS INSURANCE COMPANY, Petitioner, v. Donald SCHULTZ, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 23, 2007.

Attorney(s) appearing for the Case

Betsy E. Gallagher and Michael C. Clarke, of Kubicki Draper, P.A., Tampa, for Petitioner.

Glenn Klausman, of Jacobs & Goodman, P.A., Altamonte Springs, and Barbara Green, of Barbara Green, P.A., Coral Gables, for Respondent.

Anthony J. Russo of Butler Pappas Weihmuller Katz Craig LLP, Tampa, for Amicus, Florida Defense Lawyers Association.

John S. Mills of Mills & Carlin, P.A., Jacksonville, for Amicus, Academy of Florida Trial Lawyers.

ON MOTION FOR REHEARING AND CERTIFICATION

ORFINGER, J.

The amended motion for rehearing and certification filed by the respondent, Donald Schultz, is denied. However, we withdraw the opinion issued in this case on October 20, 2006, and substitute the following in its place.

Progressive Express Insurance Company seeks certiorari review of a decision rendered by the circuit court of Seminole County, Florida, acting in its appellate capacity...

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