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HAMMET CO., INC. v. STATE, DEPT. OF TRANSP.

No. LL-85.

368 So.2d 665 (1979)

The HAMMET COMPANY, INC., Appellant, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, First District.

March 20, 1979.

Attorney(s) appearing for the Case

Daniel J. Wiser, of Roberts, Miller, Baggett & LaFace, Tallahassee, for appellant.

Alan E. DeSerio and Jerrold K. Phillips, Tallahassee, for appellee.

PER CURIAM.

AFFIRMED.

MILLS, Acting C.J., and ERVIN, J., concur.

MASON, ERNEST E., Associate Judge, dissents.

MASON, ERNEST E., Associate Judge, dissenting.

I respectfully dissent. The parties at the outset of the trial stipulated that if the jury should find for appellant (plaintiff below) on the issue of liability under its complaint the appellant "will be awarded a damage of one hundred thousand dollars against the Department of...

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