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

Florida District Courts of Appeal February 13, 1978

Treeshore, Inc. v. Basic Asphalt & Construction Corp., 354 So. 2d 976 (1978)

1978 Fla. App. LEXIS 15198

Boyer, Ervin, Mills

Concurring Opinion

BOYER, Acting Chief Judge,

concurring specially.

In 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.

Opinion of the Court

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.

Reference

Full Case Name: TREESHORE, INC. v. BASIC ASPHALT AND CONSTRUCTION CORPORATION, etc., Ward Ridge Construction Company, Inc. and Parliament Life Insurance Company
Cited By: 2 cases
Status: Published