
    Daniel MOMAN, Appellant, v. Gerald H. CARR, et al., Appellees.
    No. 98-1444.
    District Court of Appeal of Florida, Fifth District.
    Aug. 20, 1999.
    Gary R. Gossett, Jr., of Gossett Law Offices, P.A., Sebring, for Appellant.
    David S. Cohen of Korshak & Beaulieu, Orlando, for Appellees.
   UPON MOTION FOR REHEARING

PETERSON, J.

The appellee, Gerald H. Carr, moved for rehearing advising this court that the pending counterclaim referred to in our previous opinion was that of the appellant and had been dismissed shortly after the filing of this appeal. Based upon the response and supplemental response filed by the appellant by order of this court, we grant the motion for rehearing, withdraw our previous opinion and affirm the judgment.

AFFIRMED.

COBB and HARRIS, JJ., concur. ■  