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MONDS v. STATE, DEPT. OF TRANSP.

No. 98-2600.

738 So.2d 993 (1999)

Eston G. MONDS, J.W. Lyons, Jr., and Gateway Pest Control, Inc., Appellants, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied September 2, 1999.

Attorney(s) appearing for the Case

Joseph M. Hanratty of Forman, Krehl & Montgomery, Ocala, Attorney for Appellants.

Pamela S. Leslie, General Counsel, and Gregory G. Costas, Assistant General Counsel, Department of Transportation, Tallahassee, Attorneys for Appellee.

PER CURIAM.

This cause is before us on appeal from a final judgment in an eminent domain proceeding granting the Department of Transportation's motion for summary judgment on the issue of business damages. Our review of the record reveals a genuine issue of material fact. Accordingly, we reverse the order granting summary judgment and remand for further proceedings consistent with this opinion.

BARFIELD, C.J., BOOTH and WOLF...

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