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GARCIA-ALLEN/TURNER v. STATE

No. 87-686.

533 So.2d 820 (1988)

GARCIA-ALLEN/TURNER, Appellant, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied November 28, 1988.

Attorney(s) appearing for the Case

John A. Barley of John A. Barley & Associates, P.A., Tallahassee, for appellant.

Thomas H. Bateman, III, General Counsel and Maxine F. Ferguson, Appellate Atty., Dept. of Transp., Tallahassee, for appellee.

PER CURIAM.

The final decision of the Florida Department of Transportation (DOT) to reject appellant's bid depended upon the refusal of the Federal Highway Authority to concur in DOT's revised opinion to award the bid to appellant; therefore, no fraud or misconduct exists. See Liberty County v. Baxter's Asphalt & Concrete, Inc., 421 So.2d 505 (Fla. 1982). Additionally, there was no evidence of collusion or of an attempt...

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