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JUBA v. MILCEUS

No. 3D09-1319.

59 So.3d 213 (2011)

Randy Spence JUBA and Trica Roxanne Juba, Appellants, v. Jean D. MILCEUS, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied May 10, 2011.

Attorney(s) appearing for the Case

Luks, Santaniello, Perez, Petrillo, Gold & Jones, Tallahassee, and James P. Waczewski , Daniel J. Santaniello , and Doreen R. Lasch , Fort Lauderdale, for appellants.

Ginsberg & Schwartz and Arnold Ginsberg , Miami; Steven M. Singer , for appellee.

Before WELLS, SHEPHERD, and LAGOA, JJ.

PER CURIAM.

Affirmed.

WELLS and LAGOA, JJ., concur.

SHEPHERD, J., dissenting.

Although, if given the opportunity, I would reconsider having joined the majority in AC Holdings 2006 v. McCarty, 985 So.2d 1123 (Fla. 3d DCA 2008), wherein this Court relieved a defendant from the consequences of negligent counsel, which was not cured until a second motion for rehearing, I feel obligated by the doctrine...

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