suggesting possibility of "sub silentio" overruling of Mizell by majority
How later courts described this case
- suggesting possibility of "sub silentio" overruling of Mizell by majority
- Florida 1 year statute of limitations
- "Since the only relief requested was the recovery of money, equitable relief will not lie."
- Alabama 1-year statute of limitations
Written by the judges who cited it.
The opinion
ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC
PER CURIAM:
The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is denied.
TUTTLE, Circuit Judge, dissents from the denial of the petition for rehearing for the reasons stated in his special concurring opinion.