Opinion
No. GG-378.
February 13, 1978.
Appeal from Circuit Court, Volusia County; J. Robert Durden, Judge.
Aldo Icardi, Winter Park, for appellant.
R.L. Russell of Van Den Berg, Gay Burke, Orlando, for appellees.
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.
In affirming, my brethren rest their decision on a recent opinion of this court, Palatka 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.