notes Durkin v. Davis, 814 So. 2d 1246 (Fla. Dist. Ct. App. 2d Dist. 2002); Hardick v. Homo!, 795 So. 2d 1107 (Fla. Dist. Ct. App. 5th Dist. 2001); Beizer v. Judge, 743 So. 2d 134 (Fla. Dist. Ct. App. 4th Dist. 1999); McCraney v. Barbed, 677 So. 2d 355 (Fla. Dist. Ct. App. 1st Dist. 1996). 2 3 4 6