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DIVISION OF ADMINISTRATION, STATE OF DEPARTMENT OF TRANSPORTATION v. CALIFORNIA FLORIDA CORPORATION

No. 80-246.

400 So.2d 510 (1981)

DIVISION OF ADMINISTRATION, STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant/Cross-Appellee, v. CALIFORNIA FLORIDA CORPORATION, et al, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 7, 1981.

Attorney(s) appearing for the Case

Alan E. DeSerio, Tallahassee, for appellant/cross-appellee.

Joan H. Bickerstaff and James R. Dressler, Cocoa Beach, for appellee/cross-appellant California Florida Corp.

Leon Stromire of Stromire, Westman, Lintz, Baugh, McKinley, Antoon & Pearce, Cocoa, for appellee/cross-appellant Tommy Oil Co., Inc.

PER CURIAM.

The final judgment is reversed and this cause is remanded for a new trial on the authority of Division of Administration, State Department of Transportation v. Capital Plaza, Inc., 397 So.2d 682 (Fla. 1981). See also City of Orlando v. Cullom, 395 So.2d 286, No. 80-1305 (Fla. 5th DCA June 10, 1981).

REVERSED and REMANDED...

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