
    TREESHORE, INC., Appellant, v. BASIC ASPHALT AND CONSTRUCTION CORPORATION, etc., Ward Ridge Construction Company, Inc. and Parliament Life Insurance Company, Appellees.
    No. GG-378.
    District Court of Appeal of Florida, First District.
    Feb. 13, 1978.
    Aldo Icardi, Winter Park, for appellant.
    R. L. Russell of Van Den Berg, Gay & Burke, Orlando, for appellees.
   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.

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.  