
    ISLAND EAST COMPANY OF INDIAN RIVER, INC., Appellant, v. Carl D. LEMON and The Beach Bank of Vero Beach, a banking institution organized and existing under the laws of the State of Florida, Appellees.
    No. 82-2197.
    District Court of Appeal of Florida, Fourth District.
    March 28, 1984.
    Rehearing Denied July 13, 1984.
    Michael J. Garavaglia of Smith, O’Haire, Quinn & Garris, Vero Beach, for appellant.
    Charles McKinnon of McKinnon & Stewart, Chartered, Vero Beach, for appellee, Lemon.
   PER CURIAM.

AFFIRMED. See Allington Towers North, Inc. v. Rubin, 400 So.2d 86 (Fla. 4th DCA 1981).

ANSTEAD, C.J., BERANEK, J., and CO-CALIS, PATRICIA W., Associate Judge, concur.

ON REHEARING

PER CURIAM.

The petition for rehearing is denied. We acknowledge, however, apparent conflict between our decision herein and the decision of the Third District in Ponce Development Co. v. Espino, 449 So.2d 317 (Fla. 3d DCA 1984).

ANSTEAD, C.J., BERANEK, J., and C0-CALIS, PATRICIA W., Associate Judge, concur.  