John Phillip Risley v. Nissan Motor Corp.

[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS FILED
U.S. COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT ELEVENTH CIRCUIT
________________________ AUGUST 9, 2001
THOMAS K. KAHN
CLERK
No. 99-15321
________________________
D. C. Docket No. 98-00863-CV-J-16B
JOHN PHILLIP RISLEY, individually,
J. STEPHEN RISLEY, individually, et al.,
Plaintiffs-Appellants,
versus
NISSAN MOTOR CORPORATION IN USA,
a California corporation,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(August 9, 2001)
ON PETITION FOR REHEARING
Before BLACK and MARCUS, Circuit Judges, and HANCOCK*, District Judge.
BLACK, Circuit Judge:
*
Honorable James H. Hancock, U.S. District Judge for the Northern District of
Alabama, sitting by designation.
We sua sponte grant rehearing. Our prior opinion in this case construed Fla.
Stat. § 320.643. See Risley v. Nissan Motor Corp. USA, ___ F.3d ___ (11th Cir.
2001). On June 8, 2001, the Governor of Florida signed Fla. Laws ch. 2001-196,
which amends, inter alia, Fla. Stat. § 320.643. These amendments pertain, in part,
to the procedural steps for filing a complaint with the Department of Highway
Safety and Motor Vehicles. See Fla. Laws ch. 2001-196, § 23. Regardless, the
amendments do not alter our holding or reasoning in this case, because, as noted in
our prior opinion, the events here are governed by the 1997 version of the Florida
Statutes. See Risley, ___ F.3d at ___ n.1; see also Barry Cook Ford, Inc. v. Ford
Motor Co., 616 So. 2d 512, 517 n.5 (Fla. 1st DCA 1993). Therefore, our prior
opinion is REINSTATED.