Begyn v. State Business & Professional Regulations

*340 ON MOTION FOR REHEARING AND REHEARING EN BANC

ERVIN, J.

Appellees contend that this court’s decision overlooked or ignored controlling authority, namely, Farhangi v. Dunkin Donuts, 728 So.2d 772 (Fla. 1st DCA 1999), and Wal-Mart Stores, Inc. # H36 v. Capuano, 800 So.2d 652 (Fla. 1st DCA 2001). We disagree. Both Farhangi and Capuano were argued in the briefs and fully considered by this court.

Appellees also argue that this court overlooked Weather Engineers v. Presgraves, 774 So.2d 938 (Fla. 1st DCA 2001); Dramis v. Palm Beach County School Board, 829 So.2d 346 (Fla. 1st DCA 2002); and Florida…