DEPARTMENT OF TRANSP. v. WHITE CONST. CO.

No. AX-153.

452 So.2d 33 (1984)

DEPARTMENT OF TRANSPORTATION, Appellant, v. WHITE CONSTRUCTION COMPANY, Inc., a Florida Corporation, White Construction Company, Inc., Doing Business As Dunn Enterprises, Inc., and Aetna Casualty and Surety Company, a Connecticut Corporation, Appellees.

District Court of Appeal of Florida, First District.

April 26, 1984.


Attorney(s) appearing for the Case

Alan E. DeSerio, Asst. Gen. Counsel for Dept. of Transp., Tallahassee, for appellant.

F. Alan Cummings and John S. Rawls, Tallahassee, for appellees.


PER CURIAM.

The Department of Transportation (DOT) timely filed a petition for writ of certiorari from the trial court's order denying its motion to dismiss the counterclaim filed by the respondent White Construction Company, Inc. (White). The petition for certiorari is granted and the trial court's order denying the motion to dismiss the counterclaim is quashed.

On October 29, 1974, one of White's corporate predecessors contracted with DOT to construct a...

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