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GRADING & BUSH HOG SERVICES v. FLORIDA DOT

No. 5D03-3729.

894 So.2d 1047 (2005)

GRADING AND BUSH HOG SERVICES, INC., Appellant, v. FLORIDA DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 2, 2005.

Attorney(s) appearing for the Case

Brant Hargrove, Tallahassee, for Appellant.

Pamela S. Leslie, General Counsel and Marianne A. Trussell, Deputy General Counsel of Department of Transportation, Tallahassee, for Appellee.

PALMER, J.

Grading and Bush Hog Services, Inc. ("Bush Hog"), appeals the trial court's final order granting Florida Department of Transportation's ("FDOT") motion to dismiss Bush Hog's third-amended complaint. Concluding that Bush Hog's third-amended complaint does state a cognizable cause of action, we reverse.

Review of the complaint filed by Bush Hog indicates that Bush Hog and FDOT entered into a contract for, among other things, the removal and replacement...

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