No Bonner v. Prichard in the Sixth DCA

Federal practitioners will be familiar with Bonner—the opinion in which the United States Court of Appeals for the Eleventh Circuit held that it would adopt as binding precedent decisions of the Fifth Circuit issued on or before September 30, 1981. Many lawyers in Florida wondered whether the new Sixth DCA would follow the Bonner approach and adopt as binding decisions from the Second or Fifth DCAs. It will not. In CED Capital Holdings 2000 EB, LLC v. CTCW-Berkshire Club, LLC, the Sixth DCA stated that it will be writing with a “clean slate.” The court certified conflict with its decision and a decision from the Fourth DCA.