Wade v. State

GERSTEN, J.

(dissenting).

I respectfully dissent. Neither party has filed a motion for rehearing within the time allowed under the appellate rules. See Fla. R. App. P. 9.330(a); Hoenstine v. State Farm Fire & Cas. Co., 742 So.2d 853 (Fla. 5th DCA 1999). Therefore, I would adhere to the original opinion of the Court.