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STATE, DEPT. OF TRANSP. v. FMS MGT. SYS., INC.

No. 91-0452.

599 So.2d 1009 (1992)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. FMS MANAGEMENT SYSTEMS, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 6, 1992.

Attorney(s) appearing for the Case

Thornton J. Williams, General Counsel and Thomas F. Capshew, Asst. General Counsel, Florida Dept. of Transp., Tallahassee, for appellant.

Allan M. Rubin and Michael Heidt of Allan M. Rubin, P.A., Hollywood, for appellee.

PER CURIAM.

AFFIRMED.

LETTS, J., and FRANK, RICHARD H., Associate Judge, concur.

ANSTEAD, J., concurs specially.

ANSTEAD, Judge, concurring specially.

While I concur in the majority affirmance, I write separately to note the difficulty of applying the holding in Palm Beach County v. Tessler, 538 So.2d 846 (Fla. 1989), to factual situations like the one at bar.

In Tessler the...

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