Mitchell Bros. v. State, Department of Transportation

District Court of Appeal of Florida

Mitchell Bros. v. State, Department of Transportation

686 So. 2d 756, 1997 Fla. App. LEXIS 163, 1997 WL 24630

CourtDistrict Court of Appeal of Florida

DecidedJanuary 16, 1997

DocketNo. 96-1687

StatusPublished

This text of 686 So. 2d 756 (Mitchell Bros. v. State, Department of Transportation) 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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Mitchell Bros. v. State, Department of Transportation, 686 So. 2d 756, 1997 Fla. App. LEXIS 163, 1997 WL 24630 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

Appellant Mitchell Brothers, Inc., appeals from an order of the lower court dismissing its amended complaint with prejudice for failure to exhaust administrative remedies. We reverse, holding the doctrine of exhaustion of administrative remedies not applicable in this ease. The remedy sought in this breach of contract action is not available in the separate administrative proceeding being pursued under section 337.16(2), Florida Statutes, and rule 14-22.012(l)(a)(5), Florida Administrative Code. Accordingly, the trial court’s order of dismissal is REVERSED and REMANDED with instructions to reinstate the complaint and allow the suit to proceed.

BOOTH, JOANOS and WOLF, JJ., concur.

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PER CURIAM.

Appellant Mitchell Brothers, Inc., appeals from an order of the lower court dismissing its amended complaint with prejudice for failure to exhaust administrative remedies. We reverse, holding the doctrine of exhaustion of administrative remedies not applicable in this ease. The remedy sought in this breach of contract action is not available in the separate administrative proceeding being pursued under section 337.16(2), Florida Statutes, and rule 14-22.012(l)(a)(5), Florida Administrative Code. Accordingly, the trial court’s order of dismissal is REVERSED and REMANDED with instructions to reinstate the complaint and allow the suit to proceed.

BOOTH, JOANOS and WOLF, JJ., concur.

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686 So. 2d 756, 1997 Fla. App. LEXIS 163, 1997 WL 24630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-bros-v-state-department-of-transportation-fladistctapp-1997.