Opinion
No. 82175.
June 2, 1994.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions First District — No. 92-989 (Leon County).
Alan E. DeSerio of Brigham, Moore, Gaylord, Schuster Merlin, Tampa, and Joseph W. Fixel, Tallahassee, for petitioner.
Thornton J. Williams, Gen. Counsel and Marianne A. Trussell, Asst. Gen. Counsel, Dept. of Transp., Tallahassee, for respondent.
We review Department of Transportation v. Miccosukee Village Shopping Center, 621 So.2d 516 (Fla. 1st 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., and OVERTON, SHAW, KOGAN and HARDING, JJ., and McDONALD, Senior Justice, concur.