Florida District Courts of Appeal, 1978

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

Florida District Courts of Appeal · Decided February 13, 1978 · Boyer, Ervin, Mills

354 So. 2d 976; 1978 Fla. App. LEXIS 15198 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Fox v. Playa Del Sol Association, Inc. (Fla. Dist. Ct. App. 1983)
R & A Trucking, Inc. v. General Host Corp. (Fla. Dist. Ct. App. 1981)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

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