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BAXTER'S ASPHALT, ETC. v. LIBERTY COUNTY

No. VV-370.

406 So.2d 461 (1981)

BAXTER'S ASPHALT & CONCRETE, INC., a Florida Corporation, Appellant, v. LIBERTY COUNTY, a Political Subdivision of the State of Florida; L.B. Arnold, Jack E. Summers, Jimmy Johnson, Richard Phillips and Donnie Gene Tharpe, As Constituting the Board of County Commissioners of Liberty County, a Political Subdivision of the State of Florida; and Gulf Asphalt Corporation of Panama City, a Florida Corporation, Appellee.

District Court of Appeal of Florida, First District.

On Rehearing November 18, 1981.

Attorney(s) appearing for the Case

James J. Richardson and Barry Richard of Roberts, Miller, Baggett, LaFace, Richard & Wiser, Tallahassee, for appellant.

Bill A. Corbin, Blountstown, and L. Charles Hilton, Jr., Panama City, for appellee.

ERVIN, Judge.

Baxter's Asphalt and Concrete, Inc., appeals a final judgment which inter alia granted appellee Gulf's motion to dismiss and dissolve a temporary injunction entered by the trial court on May 5, 1980, which had prevented appellee Liberty County from awarding a public contract to Gulf. The judgment also denied Baxter's motion to amend its complaint. We reverse.

In April, 1980, appellee Liberty County advertised for bids on road resurfacing...

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