MITCHELL BROS., INC. v. STATE OF DEPT. OF TRANSP.

No. 96-1687.

686 So.2d 756 (1997)

MITCHELL BROTHERS, INC., Appellant, v. STATE Of Florida, DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, First District.

January 16, 1997.


Attorney(s) appearing for the Case

Mike Piscitelli, Christopher T. McRae, and Mary M. Piccard of Cummings, Lawrence & Vezina, P.A., Tallahassee, for Appellant.

Thornton J. Williams, General Counsel, and Gregory G. Costas, Assistant General Counsel, Department of Transportation, Tallahassee, for Appellee.


PER CURIAM.

Appellant Mitchell Brothers, Inc., appeals from an order of the lower court dismissing its amended complaint with prejudice for failure to exhaust administrative remedies. We reverse, holding the doctrine of exhaustion of administrative remedies not applicable in this case. The remedy sought in this breach of contract action is not available in the separate administrative proceeding being pursued under section...

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