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BOWEN v. TAYLOR-CHRISTENSEN

No. 5D09-3888.

98 So.3d 136 (2012)

Mary Jo BOWEN as Personal Representative, etc., Appellant, v. Mary Gregory TAYLOR-CHRISTENSEN, et al., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 2, 2012.

Attorney(s) appearing for the Case

Stephen J. Pajcic, III , and Thomas F. Slaterof Pajcic & Pajcic, P.A., Jacksonville, S. Sammy Cacciatore, Jr. , of Nance, Cacciatore, Hamilton, Berger, Nance & Cacciatore, Melbourne, and William A. Bald of Dale, Bald, Showalter, Mercier & Green, P.A., Jacksonville, for Appellant.

Warren B. Kwavnick of Cooney, Trybus, Kwavnick, Peets, PLC, Fort Lauderdale, and Dennis R. O'Connor of Ogden, Sullivan & O'Connor, P.A., Orlando, for Appellee Robert L. Christensen.

No Appearance for Appellee Mary Gregory Taylor-Christensen.

ON MOTION FOR REHEARING EN BANC

TORPY, J.

We grant the motion for rehearing en banc, recede from the panel opinion, and substitute this opinion in its place.1

The issue we address in this wrongful death lawsuit is whether Robert Christensen ("Appellee") is vicariously liable for damages arising from an automobile collision caused by his now ex-wife, Mary Gregory Taylor-Christensen ("Ms.Taylor-Christensen"), who was operating...

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