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SAHYERS v. PRUGH, HOLLIDAY & KARATINOS, P.L.

No. 08-10848.

603 F.3d 888 (2010)

Christine SAHYERS, on behalf of herself and others similarly situated, Plaintiff-Appellant-Cross-Appellant, v. PRUGH, HOLLIDAY & KARATINOS, P.L. a Florida Limited Liability Corporation, Timothy F. Prugh, James W. Holliday, II, Defendants-Appellees, Theodore E. Karatinos, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 14, 2010.

Attorney(s) appearing for the Case

Ryan David Barack, Kwall, Showers & Barack, P.A., Clearwater, FL, for Sahyers.

Thomas M. Gonzalez, Jennifer L. Watson, Thompson, Sizemore, Gonzalez & Hearing, P.A., Tampa, FL, Nocholas E. Karatinos, Lutz, FL, for Defendants-Appellees.

Sam J. Smith, Burr & Smith, LLP, Tampa, FL, for Amicus Curiae.

Before DUBINA, Chief Judge, and TJOFLAT, EDMONDSON, BIRCH, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON, PRYOR and MARTIN, Circuit Judges.

ORDER:

The Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it (Rule 35, Federal Rules of Appellate Procedure), the Suggestion of Rehearing En Banc is DENIED.

EDMONDSON, Circuit Judge, concurring in denial of en banc rehearing:

Decisions on whether or not to grant en banc rehearing are not decisions on the merits of the appeal...

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