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STATE DEPT. OF TRANSP. v. LEECON, INC.

No. CC-160.

339 So.2d 709 (1976)

STATE of Florida DEPARTMENT OF TRANSPORTATION, Appellant, v. LEECON, INC., and Craggs and Phelan Construction Company, As Joint Venturers, Appellees.

District Court of Appeal of Florida, First District.

December 1, 1976.

Attorney(s) appearing for the Case

Geoffrey B. Dobson, Gen. Counsel, Pensacola, Ralph Armstead and Larry K. White, Tallahassee, for appellant.

D. Frank Winkles and John I. Van Voris of Shackleford, Farrior, Stallings & Evans, Tampa, for appellees.

SMITH, Judge.

The Department of Transportation, pursuant to Rule 4.2, F.A.R., presents this interlocutory appeal from a partial summary judgment on liability entered against it by the trial court. The court thereby held the Department liable to Leecon for the latter's additional expenses incurred as a result of breach of the Department's warranty, in specifications under which Leecon contracted to build a highway segment, that a particular quantity of muck suitable...

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