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STEBBINS v. STATE, DEPT. OF TRANSP.

Nos. KK-226, KK-250.

372 So.2d 1175 (1979)

James P. STEBBINS, Appellant, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellee. FLORIDA ROCK AND TANK LINES, INC., Appellant, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, First District.

July 18, 1979.

Attorney(s) appearing for the Case

John B. Gibbons and Kirk M. Gibbons, of Gibbons, Tucker, McEwen, Smith, Cofer & Taub, P.A., Tampa, for James P. Stebbins.

J. Richard Moore, of Corrigan & Moore, Jacksonville, for Florida Rock and Tank Lines, Inc.

Alan E. DeSerio, Jerrold K. Phillips and H. Reynolds Sampson, Dept. of Transp., Tallahassee, for appellee.

PER CURIAM.

The final summary judgment is reversed and the case is remand to the trial court for further proceedings. Commercial Carrier Corporation v. Indian River County consolidated with Cheney v. Dade County, 371 So.2d 1010 (Fla. 1979), Cases No. 51,462 and 53,178, Opinion filed April 19, 1979. We note that the trial court did not have the benefit of this clarifying opinion at the time of the judgment here appealed...

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