
    Marcellas SPIVEY, Appellant, v. INDIAN RIVER COUNTY, Florida and the State of Florida, Department of Transportation, Appellees.
    No. 81-743.
    District Court of Appeal of Florida, Fourth District.
    Feb. 9, 1983.
    Rehearing Denied March 30, 1983.
    J. Blayne Jennings of Law Offices of J. Blayne Jennings, Gifford, for appellant.
    Marjorie Gadarian Graham of Jones & Foster, West Palm Beach, for appellee.
   PER CURIAM.

We affirm on the authority of Department of Transportation v. Neilson, 419 So.2d 1071 (Fla.1982) but, because we believe that appellant should have an additional opportunity to file an amended complaint, we remand with directions that the trial court permit appellant to amend his complaint within twenty (20) days, and, if he fails to amend, the final summary judgment should be reinstated.

ANSTEAD, HERSEY and HURLEY, JJ., concur.  