Porolniczak v. Itkin

PARIENTE, BARBARA J., Associate Judge,

concurring specially.

I concur in an affirmance for the same reasons stated in my special concurrence in Patterson v. Loewenstein, 686 So.2d 776, 777-78 (Fla. 4th DCA 1997). As I expressed in Patterson, however, I disagree with the hard-and-fast rule enunciated by this court in Hodges v. Noel, 675 So.2d 248 (Fla. 4th DCA 1996). In addition, if Florida Rule of Civil Procedure 1.070(j) (1997)2 were revised as set forth in my special concurrences in Taco Bell Corp. v. Costanza, 686 So.2d 773, 773-74 (Fla. 4th DCA 1997), and O’Leary v. MacDonald, 657 So.2d 81,…