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STATE EX REL. DEPARTMENT OF TRANSPORTATION v. GORDON BROTHERS CONCRETE, INC.

No. 76-348.

339 So.2d 1156 (1976)

STATE of Florida (DEPARTMENT OF TRANSPORTATION) (PARKS AND RECREATION DIVISION OF GENERAL SERVICE BUREAU), Appellant, v. GORDON BROTHERS CONCRETE, Inc., a Florida Corporation, and James B. Peterson, Appellees.

District Court of Appeal of Florida, Second District.

December 8, 1976.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., and Mary Jo Carpenter, Asst. Atty. Gen., Tallahassee, for appellant.

Edward E. Fessenden, Jr., Lane, Massey, Trohn, Clarke, Bertrand & Smith, Lakeland, for appellee Gordon Bros. Concrete, Inc.

BOARDMAN, Judge.

This is an appeal from a final judgment ordering payment by appellant/garnishee State of Florida to appellee/plaintiff Gordon Brothers Concrete, Inc. (appellee). Appellee holds a valid judgment against James B. Peterson a party to whom the state is indebted. A writ of garnishment was issued against the state, and the state moved to dismiss on the grounds of sovereign immunity. The sole issue for our determination...

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