DYCK-O'NEAL, INC.
v.
CLYDE LARMAN
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The trial court's order dismissing the complaint must be reversed and the complaint reinstated based on the controlling precedent in Dyck-O'Neal, Inc. v. McKenna.
[1] When a prior appellate decision in the same court has established a controlling legal rule applicable to similar facts, that precedent governs the outcome in a subsequent…
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Join FLexlaw to unlock all legal intelligenceDyck-O'Neal, Inc. appealed a final order of dismissal from the Circuit Court for Broward County. The case involves a dispute between Dyck-O'Neal and C…
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PER CURIAM.
For the reasons set forth in Dyck–O'Neal, Inc. v. McKenna, 198 So. 3d 1038 (Fla. 4th DCA 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., 199 So. 3d 932 (Fla. 4th DCA 2016).
We certify conflict with Higgins v. Dyck–O'Neal, Inc., 201 So. 3d 157 (Fla. 1st DCA 2016), as we did in McKenna.
Reversed and remanded with instructions; conflict certified. TAYLOR, MAY and DAMOORGIAN, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Wagner v. State, 201 So. 3d 157 (Fla. 3d DCA 2016)
- Higgins v. Dyck-O'Neal, Inc., 201 So. 3d 157 (Fla. 1st DCA 2016)
- Cheng v. Dyck-O'Neal, Inc., 199 So. 3d 932 (Fla. 4th DCA 2016)
- Dyck-O'Neal, Inc. v. McKENNA, 198 So. 3d 1038 (Fla. 4th DCA 2016)