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FLORIDA DEPT. OF HEALTH v. SOUTHERN ENERGY

No. BK-309.

493 So.2d 1082 (1986)

FLORIDA DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES, Appellant, v. SOUTHERN ENERGY, LTD., a Florida Limited Partnership, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 2, 1986.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Gerald B. Curington, Chief, Gen. Civil Litigation, James A. Peters, Asst. Atty. Gen., for appellant.

DuBose Ausley, Kenneth R. Hart, and Emily S. Waugh, of Ausley, McMullen, McGehee, Carothers & Proctor, Tallahassee, for appellee.

WENTWORTH, Judge.

Appellant seeks review of a December 1985 final judgment which found liability for breach of a 1982 contract, and awarded 7.95 million dollars in damages.

Appellant contends the lower court erred in invoking equity to circumvent a "subject to appropriation" clause in the contract.1 We reverse for entry of judgment for appellant insofar as the award represents purchases not funded by legislative appropriation,...

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