Perez v. Carillon Hotel

I concur in the results reached in this decision but I must point out that Black v. Blue Ribbon Laundry, 161 So.2d 532 (Fla. 1964), cited in support of the statement “the Court recognizes that under certain conditions this rule may be waived either by direct stipulation or action of the parties,” was rendered prior to the decision of this Court in B. F. Todd Electrical Contractors v. Hammond, 164 So.2d 513 (Fla. 1964). In Todd the author of this concurrence pointed out the inadvertent use of the word “mandatory” in the majority opinion. Todd clearly holds:

“ ‘The 90-day provision is mandatory…