WESTPHAL v. CITY OF ST. PETERSBURG

No. 1D12-3563.

122 So.3d 440 (2013)

Bradley WESTPHAL, Appellant, v. CITY OF ST. PETERSBURG/CITY OF ST. PETERSBURG RISK MANAGEMENT, and State of Florida, Appellees.

District Court of Appeal of Florida, First District.

September 23, 2013.


Attorney(s) appearing for the Case

Jason L. Fox of the Law Offices of Carlson & Meissner, Clearwater; and Richard A. Sicking , Coral Gables , for Appellant.

Richard W. Ervin, III of Fox & Loquasto, P.A., Tallahassee, for Amicus Curiae Florida Workers Advocates, in support of Appellant.

Andre M. Mura of Center for Constitutional Litigation, P.C., Washington, D.C., for Amicus Curiae American Association for Justice, in support of Appellant.

Bill McCabe of Longwood, for Amicus Curiae Florida Justice Association, in support of Appellant.

Geoffrey Bichler of Bichler, Kelley, Oliver & Longo, PLLC, Maitland, for Amicus Curiae Police Benevolent Association, in support of Appellant.

John C. Wolfe , City Attorney, and Kimberly D. Proano , Assistant City Attorney, St. Petersburg, for Appellees City of St. Petersburg/City of St. Petersburg Risk Management; Pamela Jo Bondi , Attorney General, Allen Winsor , Chief Deputy Solicitor General, and Rachel E. Nordby , Deputy Solicitor General, Tallahassee, for Appellee State of Florida.

William H. Rogner , Winter Park, for Amicus Curiae Associated Industries of Florida; Associated Builders and Contractors of Florida; The Florida Chamber of Commerce; The Property Casualty Insurers Association of America; The Florida Justice Reform Institute; Publix Super Markets; United Parcel Service; The Florida Roofing, Sheet Metal and Air Conditioning Contractors Association; The Florida Retail Federation; The American Insurance Association; The National Federation of Independent Business; The Florida United Businesses Association, Inc.; and The Florida Association of Self Insured's, in support of Appellees.

George T. Levesque , General Counsel, Florida Senate, Tallahassee; and Daniel E. Nordby , General Counsel, Florida House of Representatives, Tallahassee, for Amicus Curiae The Florida Senate and The Florida House of Representatives, in support of Appellees.


EN BANC

PADOVANO, J.

This case is before the full court on motions by the State of Florida and the City of St. Petersburg for rehearing en banc. For the reasons that follow, we grant the motions, withdraw the panel opinion in Westphal v. City of St. Petersburg/City of St. Petersburg Risk Management and State of Florida, 2013 WL 718653 (Fla. 1st DCA Feb. 28, 2013), and recede from our previous en banc opinion in Matrix Employee Leasing, Inc...

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