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FLORIDA DEPT. OF TRANSP. v. McFADDEN

No. 82-1087.

432 So.2d 676 (1983)

FLORIDA DEPARTMENT OF TRANSPORTATION, et al., Appellants, v. Michael Joseph McFADDEN, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

June 2, 1983.

Attorney(s) appearing for the Case

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

Herbert H. Hall, Jr. of Maher, Overchuck, Langa, Cate & Lobb, Orlando, for appellees.

COWART, Judge.

Reversed on the authority of Lake County v. Friedel, 387 So.2d 514 (Fla. 5th DCA 1980). In Friedel we recognized the logically persuasive reasons for a contrary holding but felt bound by Carlile v. Game and Fresh Water Fish Commission, 354 So.2d 362 (Fla. 1977). We continue to believe we are committed to, and are unable...

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