McDowell v. Rodriguez

I would deny the motion for rehearing en banc.

The purpose of Rule 9.330, Florida Rules of Appellate Procedure, is not to reargue the merits, but to bring to the court’s attention something the court overlooked or misapprehended. It is not a request for the court to change its mind as to a matter already decided. The instant motion for rehearing simply reargues the merits. It does not identify matters overlooked or misapprehended. In short, the motion is nothing more than a request for the court to change its mind. ,

This is another case in which a majority of this court is using the en banc…