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OVERSTREET PAVING v. STATE, DEPT. OF TRANSP.

Nos. 91-02071, 91-02469.

608 So.2d 851 (1992)

OVERSTREET PAVING COMPANY, Appellant, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 1, 1992.

Attorney(s) appearing for the Case

John H. Rains, III, of Annis, Mitchell, Cockey, Edwards & Roehn, P.A., Tampa, for appellant.

Thornton J. William, General Counsel, and Gregory S. Costas, Assistant General Counsel, Dept. of Transp., Tallahassee, for appellee.

W. Robert Vezina, III, and Mary M. Piccard of Cummings, Lawrence & Vezina, P.A., Tallahassee, for Amicus Curiae, Florida Transp. Builders' Assn.

ALTENBERND, Judge.

Overstreet Paving Company appeals a final order from the Department of Transportation (DOT) dismissing its protest of the award of bid on a DOT road project to David Nelson Construction Company. Overstreet submitted the low bid, which was declared nonresponsive due to a technical omission. We reverse the order. Since the bid has already been awarded to the next lowest responsible bidder, we remand for...

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