470 So. 2d 74 | Fla. Dist. Ct. App. | 1985
Our earlier affirmance on rehearing of the trial court’s dismissal of the plaintiff’s complaint,
Affirmed.
. A panel of this court initially reversed the trial court’s order of dismissal, see Brickell Place Association v. Cheezem Development Corp. (Fla. 3d DCA 1984) (Case no. 82-1631, opinion filed March 6, 1984) [9 F.L.W. 565], but affirmed upon rehearing in light of the intervening decision of the Supreme Court of Florida in Dania Jai-Alai Palace, Inc. v. Sykes, 450 So.2d 1114 (Fla.1984). If the plaintiff, as it now contends, believed that its complaint set forth a cause of action under the rule reannounced in Sykes, it was afforded the opportunity to seek and could have sought rehearing of our decision on rehearing.