Florida District Courts of Appeal, 1993

Department of Transportation v. Daviduke

Department of Transportation v. Daviduke
Florida District Courts of Appeal · Decided April 30, 1993 · Cobb, Cowart, Sharp, Thompson
621 So. 2d 690; 1993 Fla. App. LEXIS 5171; 1993 WL 134083 (Southern Reporter, Second Series)

Department of Transportation v. Daviduke

Opinion of the Court

COBB, Judge.

The summary judgment rendered by the trial court is hereby reversed and remand*691ed for further proceedings consistent with this court’s recent en banc decision in Department of Transportation v. Weisenfeld, 617 So.2d 1071 (Fla. 5th DCA 1993).

REVERSED and REMANDED.

W. SHARP and THOMPSON, JJ., concur.

070rehearing

ON MOTION FOR REHEARING/REQUEST TO CERTIFY

We deny the appellees’ motion for rehearing but grant the request for conflict certification and, as we did in Department of Transportation v. Weisenfeld, 617 So.2d 1071 (Fla. 5th DCA 1993) certify conflict between this decision and Tampa-Hillsborough County Expressway Authority v. A.G.W.S. Corp., 608 So.2d 52 (Fla. 2d DCA 1992), rev. granted, 621 So.2d 433 (Fla. 1993).

REHEARING DENIED; CERTIFICATION GRANTED.

W. SHARP, J., and COWART, J.A., Senior Judge, concur.

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