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BENITEZ v. BILTMORE SYSTEMS, INC.

No. 86-1768.

496 So.2d 189 (1986)

Blanca BENITEZ, Petitioner, v. BILTMORE SYSTEMS, INC., Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 5, 1986.

Attorney(s) appearing for the Case

Martin E. Levine, Miami, for petitioner.

Miller & Selig, P.A., Miami, and James C. Kelley, Coral Gables, for respondent.

Before SCHWARTZ, C.J., and NESBITT, and JORGENSON, JJ.

PER CURIAM.

The respondent concedes that its argument made before the circuit court acting in its appellate capacity was never made in the county court, and, therefore, petitioner never had an opportunity to brief or explicate her position.

Based upon that concession, we vacate the order of the circuit court affirming the judgment of the county court and remand to the circuit court with directions to remand to the...

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