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JAMES v. CONSOL INNS OF DAYTONA BEACH

No. 86-1824.

516 So.2d 984 (1987)

Diane JAMES, Etc., Appellant, v. CONSOLIDATED INNS OF DAYTONA BEACH, Etc., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 22, 1987.

Attorney(s) appearing for the Case

Richard A. Kupfer of Cone, Wagner, Nugent, Johnson, Roth & Romano, P.A., West Palm Beach, for appellant.

Francis J. Carroll, Jr. of Smalbein, Eubank, Johnson, Rosier & Bussey, P.A., Daytona Beach, for appellee.

PER CURIAM.

AFFIRMED.

UPCHURCH, C.J., and COWART, J., concur.

DAUKSCH, J., dissents with opinion.

DAUKSCH, Judge, dissenting with opinion.

I respectfully dissent.

In my opinion this case is controlled by the supreme court rulings in Ralph v. City of Daytona Beach, 471 So.2d 1 (Fla. 1983) and Butler v. Sarasota County,

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