TREESHORE, INC., APPELLANT,
v.
BASIC ASPHALT AND CONSTRUCTION CORPORATION, ETC., WARD RIDGE CONSTRUCTION COMPANY, INC. AND PARLIAMENT LIFE INSURANCE COMPANY, APPELLEES
TREESHORE, INC., APPELLANT,
BASIC ASPHALT AND CONSTRUCTION CORPORATION, ETC., WARD RIDGE CONSTRUCTION COMPANY, INC. AND PARLIAMENT LIFE INSURANCE COMPANY, APPELLEES
354 So. 2d 976
Florida District Court of Appeal, First District (1978)
Negative Treatment
Cited by 2 cases
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.
Concurrence
BOYER, Acting Chief Judge,
concurring specially.
In affirming, my brethren rest their decision on a recent opinion of this court, Palat ka 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
R & A Trucking, Inc. v. Gen. Host Corp., 399 So. 2d 1058 (Fla. 3d DCA 1981)
-
FOX v. Playa DEL SOL Ass'n, Inc., 446 So. 2d 126 (Fla. 4th DCA 1983)…Visuna v. Metropolitan Transit Authority, 353 So. 2d 183 (Fla.3d DCA 1977); accord, Biscayne Construction Company v. Metropolitan Dade County, 388 So. 2d 329 (Fla. 3d DCA 1980); contra, Treeshore, Inc. v. Basic Asphalt and Construction Corporation, 354 So. 2d 976 (Fla. 1st DCA 1978); and Palatka Housing Authority v. Betts, 349 So. 2d 784 (Fla. 1st DCA 1977). Accordingly, we reverse the trial court’s order dismissing this action and remand with directions to reinstate the cause and in so doing recognize appa…
Authorities Cited
- Palatka Hous. Auth. v. Queen Betts, 349 So. 2d 784 (Fla. 1st DCA 1977)