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SAN MARCO CONTRACTING COMPANY v. STATE

No. MM-156.

386 So.2d 615 (1980)

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

District Court of Appeal of Florida, First District.

August 8, 1980.

Attorney(s) appearing for the Case

A.G. Condon, Jr. and Philip A. Bates of Holsberry, Emmanuel, Sheppard & Condon, Pensacola, for appellants.

Margaret Ray Kemper, Ella Jane P. Davis, and H. Reynolds Sampson, Tallahassee, for appellee.

MILLS, Chief Judge.

This is an appeal from an order dismissing San Marco's third amended third party complaint against the Department of Transportation (D.O.T.) on the ground that San Marco failed to allege with specificity that San Marco had filed a claim pursuant to Section 5-14.1 of the Florida State Road Department's Standard Specifications for Road and Bridge Construction (1966), a condition precedent to bringing the third-party complaint against D.O.T. We reverse...

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