CSX TRANSP., INC. v. PASCO COUNTY

No. 94-00822.

660 So.2d 757 (1995)

CSX TRANSPORTATION, INC., Appellant, v. PASCO COUNTY, R.E. Purcell Construction, Inc., and Donald E. Murphy, Appellees.

District Court of Appeal of Florida, Second District.

August 23, 1995.


Attorney(s) appearing for the Case

Edward M. Rooks, of Melkus & Fleming, Tampa, and Stephen H. Shook, Jacksonville, for appellant.

Peter Wansboro, Assistant County Attorney, New Port Richey, for appellee Pasco County.

No appearance for appellees Purcell Construction and Murphy.


QUINCE, Judge.

CSX Transportation, Inc. (CSX) appeals from the entry of a summary judgment in favor of Pasco County (the County), the sole appellee who was still a defendant. We reverse because there are material issues of fact in dispute, making summary judgment inappropriate.

Beginning in February 1991, Pasco County was in the process of constructing a road known as the Zephyrhills ByPass (the By-Pass). The County entered into a contract with CSX for an...

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