District Court of Appeal of Florida February 9, 1983, No. 81-1930 (Tory v. Indian River County)

PER CURIAM.

We affirm on the authority of Department of Transportation v. Neilson, 419 So.2d 1071 (Fla.1982) but, because we believe that appellant should have an additional opportunity to file an amended complaint, we remand with directions that the trial court permit appellant to amend his complaint within twenty (20) days, and, if he fails to amend, the final summary judgment should be