(specially concurring)
By virtue of this court’s denial of the motion for en banc rehearing of Clark v. L.& A. Contracting Co., 23 Fla. L. Weekly D2692, 730 So.2d 288 (Fla. 3d DCA 1998) (Shevin, J., dissenting), I agree that we are compelled to affirm the summary judgment in this cause. However, with all due respect, I believe that Clark was not correctly decided for the rea*853sons expressed in Judge Shevin’s dissent in that case. See id. at D2692, at 288.