concurring:
I am constrained to join the majority’s decision because this court’s ruling in Pernell v. Southall Realty, supra at 498 n. 31, as recognized by the majority, was not overruled by our subsequent decision in Johnson v. Edgewood Management Corp., supra. Only the era banc court can overrule a prior decision of this court. See M.A.P. v. Ryan, supra at 312.