Weingarten v. Taylor

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2006 PATRICIA WEINGARTEN ASSOCIATES, INC., Appellant, v. Case No. 5D05-3185 KIM TAYLOR, et al., Appellees. ________________________________/ Opinion filed September 1, 2006 Appeal from the Circuit Court for Marion County, Jack Singbush, Judge. Peter N. Price of Peter N. Price, P.A., Hollywood, for Appellant. Garry D. Adel of Blanchard, Merriam, Adel & Kirkland, P.A., Ocala, for Appellees. PER CURIAM. The Appellant in this case, Patricia Weingarten Associates, Inc., is the same as the appellant in Patricia Weingarten Associates, Inc. v. Jocalbro, Inc., 932 So. 2d 587 (Fla. 5th DCA 2006). On substantively identical facts, the Appellant raises the same issue raised in the Jocalbro appeal. For the same reason, we reverse the judgment in this case and remand to the trial court for reconsideration in light of the recent United States Supreme Court opinion in Jones v. Flowers, 126 S.Ct. 1708 (2006). REVERSED AND REMANDED for further proceedings. MONACO, TORPY, and LAWSON, JJ., concur.

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