Peterson Outdoor v. Dept. of Transp

Full title: PETERSON OUTDOOR ADVERTISING, BREVARD COUNTY, BOARD NO. 3304, APPELLANT…

Court: District Court of Appeal of Florida, First District

Date published: Mar 23, 1979

369 So. 2d 94 (Fla. Dist. Ct. App. 1979)

Opinion

No. II-88.

March 23, 1979.

Appeal from a final order of the Florida Department of Transportation, original jurisdiction.

Gerald S. Livingston, Orlando, for appellant.

Margaret-Ray Kemper, Phillip S. Bennett, H. Reynold Sampson, Tallahassee, for appellee.

PER CURIAM.

This cause is REVERSED and REMANDED for further proceedings consistent with this Court's opinion in Walker v. State Department of Transportation, 366 So.2d 96, 1979.

MILLS, Acting C.J., and BOOTH, J., concur.

ERVIN, J., concurs in part and dissents in part.

ERVIN, Judge, concurring in part and dissenting in part.

I concur in the conclusion reached by the majority only because it does not appear from the record that Peterson received that notice required by § 479.07(3), Fla. Stat. (1975). I otherwise dissent for the reasons stated in my concurring and dissenting opinion in White Advertising International v. Dept. of Transportation, 368 So.2d 411 (Fla. 1st DCA 1979).