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FLORIDA DEPT. OF TRANSP. v. JULIANO

No. SC99-153.

801 So.2d 101 (2001)

FLORIDA DEPARTMENT OF TRANSPORTATION, Petitioner, v. Angelo JULIANO, Respondent.

Supreme Court of Florida.

November 21, 2001.

Attorney(s) appearing for the Case

Dirk M. Smits and H. Joseph Calmbach of Vernis & Bowling of the Florida Keys, P.A., Islamorada, FL, for Petitioner.

L. Barry Keyfetz of Keyfetz, Asnis & Srebnick, P.A., Miami, FL, for Respondent.

Joseph H. Williams of Troutman, Williams, Irvin, Green & Helms, P.A., Winter Park, FL, for The Academy of Florida Trial Lawyers, Amicus Curiae.

PARIENTE, J.

We have for review Florida Department of Transportation v. Juliano, 744 So.2d 477 (Fla. 3d DCA 1999) ("Juliano II"), a decision from the Third District Court of Appeal that misapplies this Court's holding in United States Concrete Pipe v. Bould, 437 So.2d 1061, 1063 (Fla.1983). Based on the conflict created by this misapplication, we have jurisdiction under article...

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