Daviduke v. Department of Transportation

Full title: RICHARD DAVIDUKE, PETITIONER, v. DEPARTMENT OF TRANSPORTATION, RESPONDENT

Court: Supreme Court of Florida

Date published: Jun 2, 1994

640 So. 2d 72 (Fla. 1994)

Opinion

No. 82314.

June 2, 1994.

Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, Fifth District — No. 92-1846, Lake County.

Alan E. DeSerio of Brigham, Moore, Gaylord, Schuster Merlin, Tampa, and Jay Small of Wilson, Leavitt Small, Orlando, for petitioner.

Thornton J. Williams, Gen. Counsel and Marianne A. Trussell, Asst. Gen. Counsel, Tallahassee, for respondent.

PER CURIAM.

We review Department of Transportation v. Daviduke, 621 So.2d 690 (Fla. 5th DCA 1993), because of its conflict with Tampa-Hillsborough County Expressway Authority v. A.G.W.S. Corp., 608 So.2d 52 (Fla. 2d DCA 1992). We have jurisdiction under article V, section 3(b)(3) of the Florida Constitution.

Recently, we quashed the Second District Court of Appeal decision in A.G.W.S. Corp. Tampa-Hillsborough County Expressway Authority v. A.G.W.S. Corp., 640 So.2d 54 (Fla. 1994). Accordingly, we approve the decision below.

It is so ordered.

GRIMES, C.J., OVERTON, SHAW, KOGAN and HARDING, JJ., and McDONALD, Senior Justice, concur.