Atlantic Gas Corp. v. REC Centers, Inc.

District Court of Appeal of Florida

Atlantic Gas Corp. v. REC Centers, Inc.

305 So. 2d 791

CourtDistrict Court of Appeal of Florida

DecidedJanuary 10, 1975

DocketNos. 74-957 and 74-985

StatusPublished

Cited by3 cases

This text of 305 So. 2d 791 (Atlantic Gas Corp. v. REC Centers, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Atlantic Gas Corp. v. REC Centers, Inc., 305 So. 2d 791 (Fla. Ct. App. 1975).

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Opinion

PER CURIAM.

Upon review of the record on appeal and after consideration of the briefs and oral arguments of counsel for the respective parties, we determine that appellee-plain-tiff, REC Centers, Inc., failed to exhaust available administrative remedies before initiating court action against appellant-defendant, Atlantic Gas Corporation. Therefore, the trial court erred in denying appellant’s motion to dismiss the appellee’s complaint.

Accordingly, the trial court order denying appellant’s motion to dismiss is reversed and the cause remanded to the trial court with directions to dismiss appellee’s complaint.

Reversed and remanded, with directions.

WALDEN, CROSS and MAGER, JJ., concur.

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