Affirmed. See Clark v. L. & A. Contracting Co., 23 Fla. L. Weekly D2692, 730 So.2d 288 (Fla. 3d DCA 1998); Metropolitan Dade County v. Colina, 456 So.2d 1233 (Fla. 3d DCA 1984), review denied, 464 So.2d 554 (Fla. 1985).

(specially concurring)

By virtue of this court’s denial of the motion for en banc rehearing of Clark v. L.& A. Contracting Co., 23 Fla. L. Weekly D2692, 730 So.2d 288 (Fla. 3d DCA 1998) (Shevin, J., dissenting), I agree that we are compelled to affirm the summary judgment in this cause. However, with all due respect, I believe that Clark was not correctly decided for the rea*853sons expressed in Judge Shevin’s dissent in that case. See id. at D2692, at 288.