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CLAIRE'S BOUTIQUES v. LOCASTRO

No. 4D09-968.

85 So.3d 1192 (2012)

CLAIRE'S BOUTIQUES, INC., Appellant, v. Amy LOCASTRO, individually and as parent and natural guardian of Alexis Locastro, a minor, Appellee.

District Court of Appeal of Florida, Fourth District.

April 25, 2012.

Attorney(s) appearing for the Case

Richard A. Sherman Sr. and James W. Sherman of the Law Offices of Richard A. Sherman, P.A., Fort Lauderdale, and Jodi G. Barrett of Adams, Coogler, Watson, Merkel, Barry & Kellner, P.A., West Palm Beach, for appellant.

Steven P. Befera of the Befera Law Firm, Miami, for Amy Locastro, individually.

Marlene S. Reiss of Marlene S. Reiss, P.A., Miami, for Amy Locastro, as parent and natural guardian of Alexis Locastro, a minor.

ON MOTIONS FOR REHEARING, REHEARING EN BANC, AND FOR CERTIFICATION

POLEN, J.

We grant appellant/cross-appellee, Claire's Boutiques, Inc. (Claire's) motion to consider this case en banc, and for certification. Upon en banc consideration, the following is the opinion of the court:

We are presented with two issues that are the subject of this appeal and cross-appeal: whether the trial court correctly denied a directed verdict for Claire's on...

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