District Court of Appeal of Florida June 2, 1983, No. 82-1087 (Florida Department of Transportation v. McFadden)

ORFINGER, Chief Judge,

concurring specially.

Because Lake County v. Friedel, 387 So.2d 514 (Fla. 5th DCA 1980), is a decision of this court and clearly controls the result here, I am obligated to concur in the conclusion reached by the majority. However, because I believe that Friedel’s reliance on Carlile v. Game and Fresh Water Commission, 354 So.2d 362 (Fla.