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STATE, DEPT. OF TRANSP. v. SAN MARCO CONT. CO.

No. HH-472.

355 So.2d 133 (1978)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. SAN MARCO CONTRACTING CO., Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied March 7, 1978.

Attorney(s) appearing for the Case

H. Reynolds Sampson, Gen. Counsel and Margaret-Ray Kemper and Larry K. White, Tallahassee, for appellant.

Frank D. Upchurch, Jr., of Upchurch & Upchurch, St. Augustine and A.G. Condon, Jr., of Holsberry, Emmanuel, Sheppard & Condon, Pensacola, for appellee.

SMITH, Acting Chief Judge.

The Department of Transportation appeals from an interlocutory order of the Escambia County Circuit Court denying DOT's motion for change of venue on appellee San Marco's third party complaint against DOT for indemnity. Fla.R.App.P. 4.2. San Marco, prime contractor on a DOT job in Walton County, was sued by appellee Noonan, a subcontractor, for damages allegedly sustained by Noonan because San Marco improperly delayed the work. San Marco...

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