Dyck-O'Neal, Inc., v. Sally Stavola

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT DYCK-O’NEAL, INC., Appellant, v. SALLY STAVOLA, Appellee. No. 4D15-4057 [August 24, 2016] Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Cynthia L. Cox, Judge; L.T. Case No. 2014CA000673. Susan B. Morrison of Law Offices of Susan B. Morrison, P.A., Tampa, for appellant. No appearance for appellee. PER CURIAM. For the reasons set forth in Dyck-O’Neal, Inc. v. McKenna, No. 4D153571 (Fla. 4th DCA August 12, 2016), we similarly reverse the final order of dismissal in the instant case and remand with instructions to reinstate the complaint. See Cheng v. Dyck-O’Neal, Inc., 41 Fla. L. Weekly D1076 (Fla. 4th DCA May 4, 2016). Additionally, like in McKenna, we certify conflict with Higgins v. Dyck–O'Neal, Inc., 41 Fla. L. Weekly D1376 (Fla. 1st DCA June 9, 2016). Reversed and remanded with instructions; conflict certified. CIKLIN, C.J., LEVINE and FORST, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.

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