Florida District Courts of Appeal, 1984

Reinhold Construction, Inc. v. City of Vero Beach

Florida District Courts of Appeal · Decided May 30, 1984 · Anstead, Beranek, Letts

451 So. 2d 528; 1984 Fla. App. LEXIS 13237 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

AFFIRMED.

LETTS, J., concurs. ANSTEAD, C.J., concurs specially with opinion. BERANEK, J., dissents with opinion.

Concurring Opinion

ANSTEAD, Chief Judge,

specially concurring:

I agree that there is competent, substantial evidence in the record to support the trial court’s factual determination that the City acted properly within the authority of its public bidding ordinance in awarding a construction contract to a bidder who submitted a bid slightly higher than that of the appellant.

Dissenting Opinion

BERANEK, Judge,

dissenting:

I respectfully dissent. I believe the City Council awarded the public works contract to a contractor other than the lowest responsible bidder for the reason that the successful contractor was a local firm. Hometown location was not one of the criteria listed in the solicitation for bids. Furthermore, it was not one of the criteria to be considered in determining the lowest responsible bidder as set forth in the city ordinance. I would reverse. See Adolphus v. Baskin, 95 Fla. 603, 116 So. 225 (1928).

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