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COUCH CONST. CO. v. FLA. DEPT. OF TRANSP.

No. 88-329.

537 So.2d 631 (1988)

COUCH CONSTRUCTION COMPANY, for the Use and Benefit of KIMMINS CORPORATION, INC., Appellant, v. The FLORIDA DEPARTMENT OF TRANSPORTATION and City of Tampa, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied February 17, 1989.

Attorney(s) appearing for the Case

F. Alan Cummings of Cummings & Lawrence, P.A., Tallahassee; Alan C. Sundberg and Donald E. Hemke of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tallahassee, for appellant.

Gregory G. Costas, Dept. of Transp., Tallahassee, for appellees.

SMITH, Chief Judge.

Appellant, Couch Construction Company (Couch), appeals the summary judgment finding no issues of fact and that as a matter of law, the cause was barred by res judicata. We reverse.

Couch contracted with the appellee, Department of Transportation (DOT), to widen Dale Mabry Highway in Tampa, Florida. Among other things, the contract provided that DOT was to relocate water and sewer utilities at the project site. Couch subcontracted with Kimmins...

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