Freund v. Butterworth

Full title: John S. Freund, Petitioner-Appellant, v. Robert A. Butterworth, Attorney…

Court: United States Court of Appeals, Eleventh Circuit

Date published: Feb 25, 1998

135 F.3d 1419 (11th Cir. 1998)

Opinion

No. 93-5317.

Filed February 25, 1998.

Paul Morris, Coral Gables, FL, for Petitioner-Appellant.

Robert W. Butterworth, Atty. Gen., Tallahassee, FL, Melvina Flaherty, Office of the Atty. Gen., West Palm Beach, FL, Myra J. Fried, Asst. Atty. Gen., West Palm Beach, FL, for Respondent-Appellee.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC (Opinion July 16, 1997, 11th Cir., ___ F.3d ___)

Appeal from the United States District Court for the Southern District of Florida.

(District Court No. 93-8213-CIV-UUB).

Before HATCHETT, Chief Judge, TJOFLAT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES, HULL and MARCUS, Circuit Judges.¹

1 Judge Rosemary Barkett has recused herself and will not participate.

BY THE COURT:

A member of this court in active service having requested a poll on the suggestion of rehearing en banc and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED.

Senior Judge Peter T. Fay has elected to not participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).