Opinion
Case No. 3D99-1596
Opinion filed August 13, 2003.
An appeal from the Circuit Court for Miami-Dade County, Steve Levine, Judge. Lower Tribunal No. 97-17296.
Stephen M. Zukoff; Robert S. Glazier and Sarah Helen Sharp, for appellant.
Kluger, Peretz, Kaplan Berlin, P.A., and Todd A. Levine and Abbey L. Kaplan, for appellees.
Before SCHWARTZ, C.J., and COPE and GODERICH, JJ.
On the court's own motion, the opinion previously published at 825 So.2d 937 is republished in order to correct the scrivener's error detailed below. See Washington v. State, 110 So. 259, 261 (Fla. 1926);Beeman v. Island Breakers, 591 So.2d 1031 (Fla. 3d DCA 1991).
On page 939, in the right-hand column, the opinion reads as follows:
Resolution of Palafrugell's claims against B C arising out of an alleged breach of fiduciary duty does not affect Hernandez's rights because the rights between Palafrugell and Hernandez are "separate and distinct" from any rights between Palafrugell and Hernandez. See Great Southern Aircraft Corp. v. Kraus, 132 So.2d 608, 610 (Fla. 3d DCA 1961).
The sentence is corrected to read as follows:
Resolution of Palafrugell's claims against B C arising out of an alleged breach of fiduciary duty does not affect Hernandez's rights because the rights between Palafrugell and B C are "separate and distinct" from any rights between Palafrugell and Hernandez. See Great Southern Aircraft Corp. v. Kraus, 132 So.2d 608, 610 (Fla. 3d DCA 1961).
Except for the above-stated correction, the opinion is otherwise unchanged.
It is so ordered.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.