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PROGRESSIVE EXP. INS. CO., INC. v. MENENDEZ

No. 3D06-2570.

979 So.2d 324 (2008)

PROGRESSIVE EXPRESS INSURANCE CO., INC., Appellant, v. Louis R. MENENDEZ, Jr. and Cathy Menendez, Appellees.

District Court of Appeal of Florida, Third District.

March 19, 2008.

Attorney(s) appearing for the Case

Anania, Bandklayder, Blackwell, Baumgarten, Torricella & Stein and Douglas H. Stein, Miami, and Stephanie Martinez, for appellant.

Tilghman & Vieth, P.A. and Robert C. Tilghman, Miami, for appellees.

Before GERSTEN, C.J., and SHEPHERD and ROTHENBERG, JJ.

ON MOTION FOR REHEARING AND CLARIFICATION

ROTHENBERG, J.

Based on the appellee's motion for rehearing, rehearing en banc, or certification, and clarification, we withdraw this Court's previous opinion dated December 5, 2007, and issue this opinion in its stead.

The defendant, Progressive Express Insurance Co., Inc. ("Progressive"), appeals from a stipulated final judgment entered in favor of the plaintiffs, Louis R. Menendez, Jr. and Cathy...

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