Bates v. Bates
The Third DCA, sitting en banc on the husband's motion for rehearing of a panel decision affirming invalidation of a prenuptial agreement for duress/coercion, split 5-5. Under Rule 9.331(a), the tie meant the motion was denied and the panel opinion stands as the decision of the court. Extensive concurring and dissenting opinions debate the scope of competent-substantial-evidence review, the elements of contractual duress/coercion, the limits of en banc jurisdiction, and the availability of the tipsy coachman doctrine.
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