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GULF OIL REALTY CO. v. DEPARTMENT OF TRANSP.

Nos. 95-3287, 96-9.

685 So.2d 1032 (1997)

GULF OIL REALTY COMPANY, etc., and Janak Shah, etc., Appellants, v. DEPARTMENT OF TRANSPORTATION, etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

January 10, 1997.

Attorney(s) appearing for the Case

David A. Higley, of Higley & Barfield, P.A., Maitland, for Appellant, Gulf Oil Realty Company.

Shawn G. Rader, of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., Orlando, for Appellant, Janak Shah.

Thornton J. Williams, General Counsel and Marianne Trussell, Assistant General Counsel, Tallahassee, for Appellees.

GRIFFIN, Judge.

We reverse the order dismissing appellant's claim against the State Department of Transportation ["DOT"] for a way of necessity. The three grounds advanced by DOT below and on appeal will not support dismissal with prejudice. Consistent with South Florida Water Management District v. Layton, 402 So.2d 597 (Fla. 2d DCA 1981), we conclude that sovereign immunity does...

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