Centeno v. NCL (Bahamas) Ltd., 2012 U.S. Dist. LEXIS 39741 (S.D. Fla. Mar. 21, 2012):
Although Lindo rejects Thomas, it rejects Thomas saying it is inconsistent with a prior decision, Bautista. "When faced with an intra-circuit split we must apply the 'earliest case' rule, meaning 'when circuit authority is in conflict, a panel should look to the line of authority containing the earliest case, because a decision of a prior panel cannot be overturned by a later panel.'" Morrison v. Amway Corp., 323 F.3d 920, 929 (11th Cir. 2003). The Lindo decision resolves a split in the circuit between Thomas and Bautista and then follows Bautista, the earliest case. Accordingly, Lindo is final and binding on this Court.
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