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FLORIDA DEPT. OF TRANSP. v. LOPEZ

No. 82-638.

415 So.2d 116 (1982)

FLORIDA DEPARTMENT OF TRANSPORTATION and State of Florida, Appellants, v. Raul LOPEZ, Appellee.

District Court of Appeal of Florida, Third District.

June 15, 1982.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Miguel A. Olivella, Jr., Asst. Atty. Gen., for appellants.

Stone, Sostchin & Gonzalez and R.A. Del Pino, Miami, for appellee.

Before HUBBART, C.J., SCHWARTZ, J., and TILLMAN PEARSON (Ret.), Associate Judge.

TILLMAN PEARSON, (Ret.) Associate Judge.

The Florida Department of Transportation and the State of Florida appeal an order denying their motion for a change of venue in a negligence action brought by appellee, Raul Lopez. The cause of action accrued prior to October 1, 1981. Section 768.28(1), Florida Statutes (1981) provides, subject to some limitation, that an action for negligence against an agency of the state may be brought where the cause of action accrued....

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