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DEPARTMENT OF TRANSPORTATION v. DAVIDUKE

No. 92-1846.

621 So.2d 690 (1993)

DEPARTMENT OF TRANSPORTATION, State of Florida, Appellant, v. Richard M. DAVIDUKE, Jim Lynch, Gerry Strumm and Joel B. Welch, Appellees.

District Court of Appeal of Florida, Fifth District.

Order Denying Rehearing But Granting Conflict Certification August 6, 1993.

Attorney(s) appearing for the Case

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

Alan E. DeSerio and Jay W. Small of Brigham, Moore, Gaylord, Wilson, Ulmer, Schuster and Sachs, Tampa, for appellee Richard M. Daviduke.

No appearance for appellees, Jim Lynch, Gerry Strumm and Joel B. Welch.

COBB, Judge.

The summary judgment rendered by the trial court is hereby reversed and remanded for further proceedings consistent with this court's recent en banc decision in Department of Transportation v. Weisenfeld, 617 So.2d 1071 (Fla. 5th DCA 1993).

REVERSED and REMANDED.

W. SHARP and THOMPSON, JJ., concur.

ON MOTION FOR REHEARING/REQUEST TO CERTIFY...

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