Supreme Court of Florida, 1980

Cone Bros. Contracting Co. v. State, Department of Transportation

Cone Bros. Contracting Co. v. State, Department of Transportation
Supreme Court of Florida · Decided May 22, 1980 · Adkins, Alderman, Berg, Boyd, Chadbourne, England, Expressed, McDonald, Overton, Sund
384 So. 2d 154; 1980 Fla. LEXIS 4246 (Southern Reporter, Second Series)

Cone Bros. Contracting Co. v. State, Department of Transportation

Opinion of the Court

PER CURIAM.

Case certified to resolve conflict between State of Florida, Department of Transportation v. Cone Brothers Contracting Co., 364 So.2d 481 (Fla.2d DCA 1978), and State of Florida, Department of Transportation v. Edward M. Chadbourne, Inc., 358 So.2d 605 (Fla. 1st DCA 1978).

Reversed. State of Florida, Department of Transportation v. Edward M. Chadbourne, Inc., 382 So.2d 293 (Fla. 1980), adopting Chief Judge Grimes’ dissent, 364 So.2d at 490.

It is so ordered.

ENGLAND, C. J., and BOYD, SUND-BERG and McDONALD, JJ., concur. OVERTON, J., dissents for reasons expressed in his dissent in Chadbourne, with which ADKINS and ALDERMAN, JJ., concur.

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