Reshard v. Britt
| Decision Date | 06 October 1987 |
| Docket Number | No. 86-3641,86-3641 |
| Citation | 831 F.2d 222 |
| Parties | Connie C. RESHARD and Leroy Reshard, Co-personal Representatives of the Estate of Minnie Lee Reshard on behalf of the Estate and certain Survivors, Plaintiffs-Appellants, v. Dr. Earl BRITT, Dr. George Bonk, et al., Defendants-Appellees. |
| Court | U.S. Court of Appeals — Eleventh Circuit |
Connie Reshard, pro se.
Richard B. Collins, Collins, Dennis & Williams, Tallahassee, Fla., for Dr. Earl Britt.
Richard Smoak, Sale, Brown & Smoak, Panama City, Fla., for Dr. George Bonk.
P. Scott Mitchell, Fuller & Johnson, Tallahassee, Fla., for Dr. David Moore.
William H. Davis, Wadsworth & Davis, Tallahassee, Fla., for Tallahassee Community Hosp.
Appeal from the United States District Court for the Northern District of Florida; William Stafford, Chief Judge.
ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING IN BANC
(Opinion June 26, 1987, 11th Cir., 1987, 819 F.2d 1573)
Before RONEY, Chief Judge, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK and EDMONDSON, Circuit Judges *.
A member of this court in active service having requested a poll on the application for rehearing in banc and a majority of the judges of this court in active service having voted in favor of granting a rehearing in banc,
IT IS ORDERED that the above cause shall be reheard by this court in banc without oral argument on a date hereafter to be fixed. The clerk will specify a briefing schedule for the filing of in banc briefs. The previous panel's opinion is hereby VACATED.
* Senior U.S. Circuit Judge Elbert P. Tuttle has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. 46(c).
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....... The majority of courts to address this question have found that jurisdiction is proper. Compare Reshard v. Britt, 819 F.2d 1573 (11th Cir.) (holds order denying personal representatives of estate from representing estate pro se immediately appealable), ......
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Reshard v. Britt, 86-3641
...819 F.2d 1573 (11th Cir.1987). The Court took this case in banc, which resulted in the panel opinion being vacated. Reshard v. Britt, 831 F.2d 222 (11th The judges of the in banc court are equally divided on the proper disposition of this case. Therefore, the order of the district court is ......
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...position, neither case is currently good law. Reshard I was vacated by the Eleventh Circuit sitting en banc. See Reshard v. Britt, 831 F.2d 222 (11th Cir. 1987) (en banc)(vacating Reshard I and ordering rehearing) (Reshard II); see also Reshard v. Britt, 839 F.2d 1499 (11th Cir. 1988) (en b......