The Court of Appeals for the 11th Circuit replaced it’s June 5, 2014 decision, and issued a substitute opinion here, stating that the issue on appeal previously was decided by its Osorio decision, which had defined “called party” as the subscriber, and that “each succeeding panel is bound by the holding of the first panel to address an issue of law, unless and until that holding is overruled en banc, or by the Supreme Court”.   Thus, the Court held that Lynn Breslow is entitled to partial summary judgment as she was the subscriber and did not consent.