Opinion
No. 95-2052.
May 31, 1996.
Non-Final Appeal from the Circuit Court for Volusia County, Julianne Piggotte, Judge.
Horace Smith, Jr., of Monaco, Smith, Hood, Perkins Loucks Stout, Daytona Beach, for Appellant.
No appearance for Appellee.
AFFIRMED.
HARRIS, and ANTOON, JJ., concur.
THOMPSON, J., dissents, with opinion.
I dissent because I believe this case is controlled by this court's decision in Blackwood v. Anderson, 664 So.2d 37 (Fla. 5th DCA 1995). See also Hunter v. Hunter, 540 So.2d 235, 238 n. 2 (Fla. 3d DCA 1989); Potter v. Haffner, 561 So.2d 1 (Fla. 2d DCA 1990).