Holding Electric, Inc. v. Roberts

Following oral argument, the presiding panel of the court, pursuant to Florida Rule of Appellate Procedure 9.331, requested en banc review to consider departing from the prior decision of this court in Mardan Kitchen Cabinets, Inc. v. Bruns, 312 So.2d 769 (Fla. 3d DCA 1975), and to adopt McMahan Constr. Co., Inc. v. Carol’s Care Center, Inc., 460 So.2d 1001 (Fla. 5th DCA 1984). Counsel were invited to submit briefs directed to the issue and, the court, after reviewing the briefs and discussing the issues, decided against receding from the Mardan decision. In the absence of a decision by the…