State, Department of Transportation v. Anderson Columbia, Co.

ON MOTION FOR CLARIFICATION

MINER, Judge.

We grant the motion for clarification, withdraw our previous opinion and substitute the following in its place.

In this appeal, the Florida Department of Transportation (DOT) seeks review of a non-final order denying its motion to abate for improper venue a breach of contract action instituted by Anderson Columbia Co., Inc. (ACC) in Columbia County, Florida. Concluding that the trial court should have granted DOT’s motion to abate, we reverse for further consistent proceedings.

Simply stated, the DOT and ACC entered into a contract whereby ACC, a road…