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SUN CITY SHELL, INC. v. DEPT. OF TRANSP.

No. 92-02835.

626 So.2d 1097 (1993)

SUN CITY SHELL, INC., Appellant, v. DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, First District.

November 19, 1993.

Attorney(s) appearing for the Case

Maxwell G. Battle, Jr. of Maxwell G. Battle, Jr., P.A., Dunedin, for appellant.

Thornton J. Williams, Gen. Counsel, and Thomas F. Capshew, Asst. Gen. Counsel, Tallahassee, for appellee.

PER CURIAM.

This cause is before us on appeal from an order of the Department of Transportation. The Department rejected the recommended order of the hearing officer and found that a parked trailer owned by appellant Sun City Shell, Inc. was a "sign" under section 479.01(14), Florida Statutes. We reverse because the Department's interpretation of the above definition statute is clearly erroneous.

The undisputed facts are as follows. The trailer is a fully...

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