Opinion
No. 80-234.
August 19, 1981. Rehearing Denied November 13, 1981.
Appeal from Circuit Court, Broward County; George Richardson, Jr., Judge.
Harry A. Stewart, General Counsel for Broward County, and John Franklin Wade, Asst. Gen. Counsel, Fort Lauderdale, for appellant.
Arthur Halsey Rice of Fromberg, Fromberg Roth, P.A., Miami, and Robert L. Beals of Digiulian, Spellacy Dichiara, Fort Lauderdale, for appellees.
The judgment entered below is reversed on the authority of Broward County v. R.W. Obermayr, 397 So.2d 1175 (Fla. 4th DCA 1980), and this cause is remanded for entry of judgment in favor of appellant.
ANSTEAD, J., and LEONARD RIVKIND, Associate Judge, concur.
I specially concur only because of this Court's opinion in the case cited by the majority, although I disagree with that case.