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STATE v. GULF-ATLANTIC CONSTRUCTORS

No. 98-3027.

727 So.2d 305 (1999)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. GULF-ATLANTIC CONSTRUCTORS, INC., Escambia County Utilities Authority, a Florida Corporation, Bellsouth Telecommunications, Inc., a Georgia Corporation, and City of Pensacola, Florida, d/b/a Energy Services of Pensacola, a Florida Public Utility, Appellees.

District Court of Appeal of Florida, First District.

February 12, 1999.

Attorney(s) appearing for the Case

Pamela S. Leslie, General Counsel, Vance W. Kidder, Assistant General Counsel, State of Florida, Department of Transportation, Tallahassee, for Appellant.

W. Robert Vezina, III, and Frederick J. Springer of Vezina, Lawrence & Piscitelli, P.A., Tallahassee, for Appellee Gulf-Atlantic Constructors, Inc.

Michael J. Stebbins and Stephen G. West of Kievit, Kelly & Odom, Pensacola, for Appellee Escambia County Utilities Authority.

John R. Hargrove and Thomas A. Groendyke of Heinrich Gordon Hargrove Weihe & James P.A., Fort Lauderdale, for Appellee BellSouth Telecommunications, Inc.

Harry O. Thomas and F. Alan Cummings of Cummings & Thomas, P.A., Tallahassee, for Appellee City of Pensacola, d/b/a Energy Services of Pensacola, a Florida Public Utility.

ERVIN, J.

Appellant, the Department of Transportation (DOT), appeals an interlocutory order transferring venue of its third-party complaint against appellees, Escambia County Utilities Authority (ECUA), the City of Pensacola, and Bellsouth, from Leon to Escambia County, based upon ECUA and the City's home-venue privileges.1 DOT contends that ECUA waived its opportunity to assert this privilege, that the City waived the privilege in its...

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