Clark v. Metric Engineering, Inc.

Full title: RODERICK D. CLARK, Appellant, vs. METRIC ENGINEERING, INC., Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Apr 28, 1999

730 So. 2d 852 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-1805

Opinion filed April 28, 1999. JANUARY TERM, 1999

An Appeal from the Circuit Court for Dade County, Alan L. Postman, Judge, L.T. No. 96-15144.

Cone Cone; Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin Perwin, and Joel S. Perwin, for appellant.

Daniels, Kashtan Fornaris, and John E. Oramas, for appellee.

Before GERSTEN, GODERICH, and GREEN, JJ.

PER CURIAM.

Affirmed. See Clark v. L. A. Contracting Co., 23 Fla. L. Weekly D2692 (Fla.3d DCA Dec. 9, 1998);Metropolitan Dade County v. Colina, 456 So.2d 1233 (Fla.3d DCA 1984), review denied, 464 So.2d 554 (Fla. 1985).

GERSTEN and GODERICH, JJ., concur.

GREEN, J. (specially concurring)

By virtue of this court's denial of the motion for en banc rehearing of Clark v. L. A. Contracting Co., 23 Fla. L. Weekly D2692 (Fla.3d DCA Dec. 9, 1998) (Shevin, J., dissenting), I agree that we are compelled to affirm the summary judgment in this cause. However, with all due respect, I believe that Clark was not correctly decided for the reasons expressed in Judge Shevin's dissent in that case. See id. at D2692.