Ezzone v. Riccardi

ORDER DENYING REHEARING AND AMENDING OPINION

Each of the parties has filed a petition for rehearing. These petitions, together with briefs in support of and resistance to them, have been considered en banc by the court.

The petitions have presented a large number of issues, all of which have been carefully considered. Two merit special mention. Both concern a question of preservation of error.

Defendants-appellees challenge the court’s holding that their challenge to plaintiffs’ theory of liability was lost when explained in a jury instruction. This.court’s opinion found there was no objection…