
    George W. ADAMS, Appellant, v. GAME AND FRESH WATER FISH COMMISSION, an agency of the State of Florida, Appellee.
    No. T-37.
    District Court of Appeal of Florida, First District.
    Jan. 17, 1974.
    Michael C. Bergen, Bergen & Roberts, Lake City, for appellant.
    Robert L. Shevin, Atty. Gen., and Joseph C. Mellichamp, III, Asst. Atty. Gen., for appellee.
   PER CURIAM.

It appearing that the conduct complained of by appellant was properly held to be a discretionary function by the trial court, the waiver of sovereign immunity provided for by Section 768.15, Florida Statutes, F. S.A., does not obtain inasmuch as appellee was at the time of the conduct complained of performing a discretionary function which is made an exception to the said statutory waiver of immunity. Accordingly, the judgment dismissing the complaint for damages, which is the subject matter of review herein, is affirmed.

RAWLS, C. J., and JOHNSON and SPECTOR, JJ., concur.  