Florida District Courts of Appeal, 2004

Amec Civil, LLC v. State, Department of Transportation

Amec Civil, LLC v. State, Department of Transportation
Florida District Courts of Appeal · Decided July 29, 2004 · Allen, Ervin, Hawkes
878 So. 2d 468; 2004 Fla. App. LEXIS 11311; 2004 WL 1685464 (Southern Reporter, Second Series)

Amec Civil, LLC v. State, Department of Transportation

Opinion of the Court

PER CURIAM.

The appellant challenges an order by which its civil complaint was dismissed and judgment entered for the appellee, based on a finding that the appellant was unable to plead the factual requirements for the necessary waiver of sovereign immunity. However, as the appellee now acknowledges, because the complaint sought recovery for alleged breaches of the parties’ written contract, sovereign immunity was thereby waived as indicated in Pan-Am Tobacco v. Department of Corrections, 471 So.2d 4 (Fla. 1985). See also White Construction Co. v. Department of Transportation, 860 So.2d 1064 (Fla. 1st DCA 2003); Hypower, Inc. v. Department of Transportation, 839 So.2d 856 (Fla. 1st DCA 2003). The appealed order is therefore reversed, and the case is remanded.

ERVIN, ALLEN and HAWKES, JJ., concur.

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