DEPARTMENT OF TRANSP. v. HANES

No. AS-248.

448 So.2d 1130 (1984)

DEPARTMENT OF TRANSPORTATION, Appellant, v. Myrl HANES, Silgain Motel Corp., et al., and Piedmont Motel Associates, a Limited Partnership Doing Business in Florida, et al., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied May 9, 1984.


Attorney(s) appearing for the Case

Margaret Ray Kemper, E. Clay McGonagill, Jr., and John H. Beck, Dept. of Transp., Tallahassee, for appellant.

Charles B. Carter, of Jones & Langdon, Gainesville, for appellee Gulf.

Stephen A. Rappenecker, Gainesville, for appellee Shell.

R. Franklin Ritch, of Ritch & Graves, Gainesville, for appellees Lutheran Mutual and Pizza Hut.

Karen K. Specie and Lansing J. Roy, Keystone Heights, for appellee Gary's Pancake and Steak House, Inc.

Robert M. Sharp, of Bullock, Sharp, Childs, Mickler & Cohen, Jacksonville, for appellee North Lake Foods, Inc.

R. Dennis Comfort, of Sieg, Comfort, Hawk, Costello & Reid, Gainesville, for appellees Alachua County and Marie M. Megahee.

C. Reed Guthridge, of van den Berg, Gay, Burke, Wilson & Arkin, Orlando, for appellee Gainesville P-H Properties, Inc.

John I. Todd, Jr., Jacksonville, for appellee Lemar, Inc.

Jeffrey A. Cramer and Donald E. Hemke, of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, for appellee Exxon Corp.

James H. McCarty, Jr., of Boyd, Jenerette, Staas, Joos, Williams & Felton, Jacksonville, for appellee Howard Johnson Co.


WENTWORTH, Judge.

The State of Florida Department of Transportation (DOT) appeals an order by which its third party action for contribution was dismissed with prejudice. We find that the present case presents no factual predicate which would support a right of contribution, and we therefore affirm the order appealed.

Myrl Hanes brought an action against Silgain Motel Corp., Gulf Oil Corp., and Alachua County, asserting that these defendants have caused him...

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