
    Eladio GODOY and Lesbia Godoy, his wife, Appellants, v. DADE COUNTY, a political subdivision of the State of Florida John A. Braxton, Jr., and Delores Marquez, Appellees. Delores MARQUEZ, Appellant, v. DADE COUNTY, a political subdivision of the State of Florida, John A. Braxton, Jr., Eladio Godoy and Lesbia Godoy, Appellees.
    Nos. 81-346, 81-1079, 81-492 and 81-1117.
    District Court of Appeal of Florida, Third District.
    March 16, 1982.
    Goldstein Professional Association, Daniels & Hicks and Mark Hicks, Miami, for Eladio Godoy and Lesbia Godoy.
    Talburt, Kubicki & Bradley, Miami, for Delores Marquez.
    Robert A. Ginsburg, Dade County Atty., and John E. Finney, Asst. County Atty., for Dade County and John A. Braxton, Jr.
    Before SCHWARTZ, DANIEL S. PEARSON and JORGENSON, JJ.
   PER CURIAM.

The single issue left in this appeal is court costs in the amount of $5,666.36, which the trial court declined to tax against the County in light of our opinion in Berek v. Metropolitan Dade County, 396 So.2d 756 (Fla. 3d DCA 1981). Appellant concedes Berek, supra, is controlling and points to the direct conflict in State Board of Regents v. Yant, 360 So.2d 99 (Fla. 1st DCA 1978). We adhere to our previous opinion in Berek, supra, and decline to follow Yant, supra. Accordingly, the judgment finding the County not liable for court costs in excess of its statutory limitation is affirmed.

Affirmed.

SCHWARTZ, Judge

(specially concurring).

Only because my dissenting views, to which I still adhere, did not prevail in Ber-ek, I concur in the decision of the court.  