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354 So. 2d 976

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

District Court of Appeal of Florida

Decided February 13, 1978

District Court of Appeal of Florida · decided 1978-02-13

Relies on Palatka Housing Authority v. Betts

Decided 1978-02-13

BOYER, Acting Chief Judge,

¶1concurring specially.

¶2In affirming, my brethren rest their decision on a recent opinion of this court, Palat*977ka 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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