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STATE EX REL., DIV. OF ADMIN. v. OLIFF

No. GG-256.

350 So.2d 484 (1977)

STATE ex rel., DIVISION OF ADMINISTRATION, State of Florida, Department of Transportation, Relator, v. The Honorable R. Hudson OLIFF, As Judge of the Circuit Court, Fourth Judicial Circuit, in and for Duval County, Florida, Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied October 27, 1977.

Attorney(s) appearing for the Case

Alan E. DeSerio, Robert I. Scanlan, H. Reynolds Sampson, Tallahassee, for relator.

Cecilia A. Bryant of Bryant, Dickens, Franson & Miller, R. Hudson Oliff, Jacksonville, for respondent.

ERVIN, Judge.

Henrietta Kinnon filed her amended complaint in two counts against the Department of Transportation. The first alleges the location and size of the drainage easement upon her property constitutes a breach of the contract she entered into with the Department. The second alleges false representations by the Department's agents in the making of that contract. The first count sounds in contract and the second in tort. The Department moved to dismiss the...

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