25 Fla. L. Weekly D2504a
Appeals — Appeal dismissed where parties have entered stipulation for settlement of case and jointly moved for entry of order of dismissal after court had set case for rehearing en banc
RODOLFO Z. SCHNEER and DIANE SCHNEER, Appellants, vs. ALLSTATE INDEMNITY COMPANY, Appellee. 3rd District. Case No. 3D98-2541. L.T. Case No. 94-15685. Opinion filed October 18, 2000. An Appeal from the Circuit Court for Dade County Eleanor Schockett, Judge. Counsel: Karen A. Curran; Hersch & Talisman and Patrice A. Talisman, for appellant. Angones, Hunter, McClure, Lynch & Williams and Christopher J. Lynch, for appellee.
(Before SCHWARTZ, C.J., and GREEN and FLETCHER, JJ.)CORRECTED OPINION[Original Opinion at 25 Fla. L. Weekly D1175a;
On Joint Motion for Dismissal at 25 Fla. L. Weekly D2459b]
[Editor’s Note. The name of the appellee is changed in the corrected opinion.]ON JOINT MOTION FOR DISMISSAL
(PER CURIAM.) After this case was set for rehearing en banc of the May 17, 2000 majority decision affirming the judgment below, the parties entered into a stipulation for the settlement of the case and have jointly moved for the entry of an order of dismissal without retaining jurisdiction for the purpose of issuing any further opinions. Upon the observation, which would be self evident in any case, that this disposition implies nothing concerning the en banc court’s view of the merits, we exercise our discretion, see State v. Schopp, 653 So. 2d 1016 (Fla. 1995), to recognize the stipulation and grant the motion for dismissal of the proceeding. The order setting the cause for argument en banc is vacated.
Appeal dismissed.
