ATLANTIC GAS CORP. v. REC CENTERS

Nos. 74-957 and 74-985.

305 So.2d 791 (1975)

ATLANTIC GAS CORPORATION, a Florida Corporation, Appellant-Petitioner, v. REC CENTERS, INC., a Florida Corporation, Appellee-Respondent.

District Court of Appeal of Florida, Fourth District.

January 10, 1975.


Attorney(s) appearing for the Case

Richard R. Booth, Aronovitz, Silver & Booth, Miami, for appellant-petitioner.

Eugene L. Heinrich, McCune, Hiaasen, Crum, Ferris & Gardner, Ft. Lauderdale, for appellee-respondent.


PER CURIAM.

Upon review of the record on appeal and after consideration of the briefs and oral arguments of counsel for the respective parties, we determine that appellee-plaintiff, REC Centers, Inc., failed to exhaust available administrative remedies before initiating court action against appellant-defendant, Atlantic Gas Corporation. Therefore, the trial court erred in denying appellant's motion to dismiss the appellee's complaint.

Accordingly, the trial...

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