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DEPT. OF TRANSP. v. CALUSA TRACE DEV., CORP.

No. 90-00217.

571 So.2d 543 (1990)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Kaye Henderson, As Secretary of the State of Florida, Department of Transportation, and James G. Kennedy, As District Secretary of the State of Florida, Department of Transportation, District Vii, in Their Official Capacities, Appellants, v. CALUSA TRACE DEVELOPMENT, CORP., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Second District.

December 14, 1990.

Attorney(s) appearing for the Case

Maxine F. Ferguson, Dept. of Transp., Tallahassee, for appellants.

David Smolker of Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A., Tampa, for appellee.

PARKER, Judge.

The State of Florida, Department of Transportation (DOT) appeals a final order entered by the trial court in favor of Calusa Trace Development Corporation (Calusa), granting Calusa's motion for final summary judgment and issuing a writ of mandamus commanding the DOT to grant a permit within fifteen days approving Calusa's application for connection to the state highway system. The issue we must resolve is:

Does section 120.60(2),

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