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LEON COUNTY v. STEPHEN S. DOBSON, III, P.A.

No. 1D05-276.

917 So.2d 278 (2005)

LEON COUNTY, Florida, a political subdivision of the State of Florida, Appellant, v. STEPHEN S. DOBSON, III, P.A., a Florida Professional Association, Florida Association of Counties, Inc., and State of Florida, Department of Transportation, Appellees.

District Court of Appeal of Florida, First District.

December 19, 2005.

Attorney(s) appearing for the Case

D. Andrew Byrne of Cooper, Byrne, Blue & Schwartz, PLLC, Tallahassee, Attorney for Appellant.

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

THOMAS, J.

We have before us an appeal of a final order granted on a motion to dismiss in favor of the Defendant/Appellee, Florida Department of Transportation ("DOT"). The lower court dismissed DOT as a third-party defendant on a claim by Leon County for contribution, subrogation and/or indemnity. DOT moved to dismiss Leon County's third-party complaint on the grounds that Rudy Maloy, a former Leon County Commissioner, was not a public official of DOT for purposes...

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