instruction:
In this task, you will be shown a sentence, and you should determine whether it is overruling or non-overruling. In law, an overruling sentence is a statement that nullifies a previous case decision as a precedent by a constitutionally valid statute or a decision by the same or higher ranking court which establishes a different rule on the point of law involved. Classify your answers into overruling or non-overruling
question:
rather, by en banc opinion, we recede from a portion of our earlier decision in allstate insurance co. v. sutton, 707 so.2d 760 (fla. 2d dca 1998), and deny mr. king's motion for attorneys' fees.
answer:
overruling


question:
based on the evidence of record cited by the trial court, we conclude that sufficient evidence did exist on the record to warrant submission of septa to the jury for apportionment of liability.
answer:
non-overruling


question:
the trial court denied state farm's motion.
answer:

non-overruling