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STATE, DEPT. OF TRANSP. v. FLA. KEYS ELEC. COOPERATIVE ASS'N

No. 3D01-2921.

831 So.2d 713 (2002)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCIATION, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 11, 2002.

Attorney(s) appearing for the Case

Neblett & Sauer, and John Moore, Key West, for appellant.

Kubicki Draper, Fort Myers, and Angela Flowers, Miami, for appellee.

Before LEVY, FLETCHER and RAMIREZ, JJ.

RAMIREZ, J.

The Florida Department of Transportation ("DOT") appeals the entry of summary final judgment in favor of Florida Keys Electric Cooperative Association ("FKEC") where the trial court held that FKEC had no duty to indemnity or defend DOT. Because the amended complaint only alleged DOT's own negligence, we affirm.

DOT issued a utility permit on June 11, 1986 which allowed FKEC to erect concrete utility poles...

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