Rogers v. State Farm Mut. Auto. Ins. Co., 79-1393
| Decision Date | 12 November 1980 |
| Docket Number | No. 79-1393,79-1393 |
| Citation | 390 So.2d 138 |
| Parties | Earl D. ROGERS, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee. /T4-619. |
| Court | Florida District Court of Appeals |
Walter A. Ketcham, Jr., Walker & Buckmaster, P. A., Orlando, for appellant.
James O. Driscoll, of Driscoll, Langston, Layton & Kane, P. A., Orlando, for appellee.
ON MOTION FOR REHEARING AND ORDER FOR REHEARING EN BANC
The Motion for Rehearing filed more than fifteen (15) days from the date of issuance of the decision herein is stricken as untimely. Fla.R.App.P. 9.330(a).
Upon its own motion, the court has determined to reconsider its decision rendered in this case on May 7, 1980 as reported in 383 So.2d 1221 (Fla. 5th DCA 1980). Fla.R.App.P. 9.331(c).
In order to maintain uniformity in this court's decisions and in consideration of the fact that the per curiam decision issued affirming the order of the trial court turns out to be in direct conflict with the opinion in State Farm v. Bergman, 387 So.2d 494 (5th DCA 1980), we hereby withdraw the mandate issued herein.
It is the opinion of this court that the order dismissing the complaint was error and that order is reversed on the authority of State Farm v. Bergman. This cause is remanded for further proceedings after reinstatement of the complaint.
REVERSED AND REMANDED.
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State Farm Mut. Auto. Ins. Co. v. Judges of Dist. Court of Appeal, Fifth Dist.
...banc. It then reversed Rogers as being in direct conflict with one of the court's later decisions. 4 Rogers v. State Farm Mutual Automobile Insurance Co., 390 So.2d 138 (Fla. 5th DCA 1980). State Farm filed a petition for common law certiorari with this Court seeking to vacate the en banc c......
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Clark v. Florida, 85-6004
...decision from 1980 supporting his position that the court could consider his rehearing motion. See Rogers v. State Farm Mutual Automobile Insurance Co., 390 So.2d 138 (Fla.App.1980). He also asserted that the State's motion for fees "demonstrate[d] a shocking degree of arrogance and lack of......
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Dart v. State, AL-228
...the date of the issuance of the decision in this cause is stricken as untimely. Fla.R.App.P. 9.330(a); Rogers v. State Farm Mut. Automobile Ins. Co., 390 So.2d 138 (Fla. 5th DCA 1980). However, upon its own motion, the Court has determined to reconsider its earlier decision, 415 So.2d 846, ......
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