R.C. HILTON ASSOC. v. STAN MUSIAL BIGGIE'S

Full title: R.C. HILTON ASSOCIATES, INC., PLAINTIFF-APPELLANT, v. STAN MUSIAL AND…

Court: United States Court of Appeals, Eleventh Circuit

Date published: Jun 9, 1983

706 F.2d 1171 (11th Cir. 1983)

Opinion

No. 82-5041.

June 9, 1983.

Wightman, Weidemeyer Maynor, Carleton L. Weidemeyer, Clearwater, Fla., for plaintiff-appellant.

Elihu H. Berman, Clearwater, Fla., for defendants-appellees.

Appeal from the United States District Court for the Middle District of Florida; Wm. Terrell Hodges, Chief Judge.

Before GODBOLD, Chief Judge, RONEY, Circuit Judge, and PITTMAN^_, District Judge.

_ Honorable Virgil Pittman, U.S. District Judge for the Southern District of Alabama, sitting by designation.

ON PETITION FOR REHEARING [2] (Opinion April 11, 1983, 11 Cir., 1983, 702 F.2d 907)

PER CURIAM:

R.C. Hilton Associates, Inc. requests a rehearing based on the contention that this court's treatment of its claim for tortious interference with a business relationship, see 702 F.2d 907 (11th Cir. 1983), is inconsistent with Florida law. In our earlier opinion we did not intend to imply that an enforceable contract between plaintiff and a third party is an essential element of a claim for tortious interference with a business relationship. Hilton's claim fails because he did not establish the existence of an advantageous relationship with Stan Musial and Biggie's, Inc.

The petition for rehearing is DENIED.