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STATE, DOT v. V.E. WHITEHURST & SONS

No. 93-11.

636 So.2d 101 (1994)

STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, Appellant, v. V.E. WHITEHURST & SONS, INC., Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 19, 1994.

Attorney(s) appearing for the Case

Lee T. Griffin and Alan K. Ragan, Jacksonville, for appellant.

Francis J. Carroll, Jr., Daytona Beach, for appellee.

KAHN, Judge.

Appellant, the State of Florida, Department of Transportation (FDOT), challenges a Final Order Granting Third Party Defendant's, Whitehurst's, Motion to Dismiss the Department's Second Amended Third Party Complaint. FDOT urges us to find error because the second amended third party complaint stated a cause of action for indemnity and contribution. We affirm in part and reverse in part.

On October 8,...

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