Treeshore, Inc. v. Basic Asphalt & Construction Corp.

354 So. 2d 976 | Fla. Dist. Ct. App. | 1978

Concurrence Opinion

BOYER, Acting Chief Judge,

concurring specially.

In affirming, my brethren rest their decision on a recent opinion of this court, Palatka Housing Authority v. Betts, 349 So.2d 784 (Fla. 1st DCA 1977). I must reluctantly concur that such case is controlling. However, as I stated in a dissent in that case, in my view that decision is incorrect and certainly unfair and unjust. I find the same to be applicable sub judice. However, in the interest of stare decisis and in deference to a prior opinion rendered by a majority of a panel of this court, I have no alternative but to concur in affirmance.

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Lead Opinion

PER CURIAM.

AFFIRMED. Palatka Housing Authority v. Betts, 349 So.2d 784 (Fla. 1st DCA 1977).

MILLS and ERVIN, JJ., concur. BOYER, Acting C. J., concurs specially.