Amec Civil, LLC v. State, Department of Transportation

District Court of Appeal of Florida

Amec Civil, LLC v. State, Department of Transportation

878 So. 2d 468, 2004 Fla. App. LEXIS 11311, 2004 WL 1685464

District Court of Appeal of Florida·Decided July 29, 2004·No. No. 1D03-4992·Published

Opinion

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Amec Civil, LLC v. State, Department of Transportation, 878 So. 2d 468, 2004 Fla. App. LEXIS 11311, 2004 WL 1685464 (Fla. Ct. App. 2004).

Pincite

878 So. 2d 468 (Amec Civil, LLC v. State, Department of Transportation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related