GEORGE O. SHRADER
v.
STATE OF FLORIDA
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The majority voted to withdraw the panel opinion and rehear the case en banc.
George O. Shrader appealed a decision in a case against the State of Florida. A three-judge panel issued an opinion on September 7, 2016.…
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IN THE SECOND DISTRICT COURT OF APPEAL, LAKELAND, FLORIDA
November 17, 2017
GEORGE O. SHRADER, DOC #101103, )
)
Appellant, )
) v.
) Case No. 2D13-2712
) STATE OF FLORIDA, )
)
Appellee. ) ___________________________________)
BY ORDER OF THE COURT:
ORDER WITHDRAWING OPINION
The majority of the court, having voted to rehear this appeal en banc, hereby withdraws the opinion issued September 7, 2016. CASANUEVA, SILBERMAN, KELLY, VILLANTI, KHOUZAM, CRENSHAW, MORRIS, BLACK, SLEET, LUCAS, SALARIO, BADALAMENTI, and ROTHSTEIN-YOUAKIM, JJ., Concur. NORTHCUTT, J., Dissents in which LaROSE, C.J., Concurs.
NORTHCUTT, J., Dissenting.
This case was decided by a properly-constituted panel of this court on September 7, 2016. Shrader v. State, 41 Fla. L. Weekly D2080 (Fla. 2d DCA Sept. 7, 2016). The majority's determination to rehear it en banc is improper. Therefore, I dissent. LaROSE, C.J., Concurs.
I HEREBY CERTIFY THE FOREGOING IS A
TRUE COPY OF THE ORIGINAL COURT ORDER
MARY ELIZABETH KUENZEL, CLERK
cc: Richard D’Amico, Esq.
S.A.P.D. P.D.10
Wendy Buffington, A.A.G.
Hon. Emmett L. Battles