(specially concurring).
I agree that because we are bound by our earlier decisions in Payne v. City of Miami, 32 Fla. L. Weekly D2055, 2007 WL 2428453 (Fla. 3d DCA Aug. 29, 2007), and Payne v. City of Miami, 32 Fla. L. Weekly D1885, 2007 WL 2254570 (Fla. 3d DCA Aug. 8, 2007), the order on appeal here must be reversed.
FLETCHER, Senior Judge, concurs.