City of Miami Beach v. Elsalto Real Estate, Inc.

CourtFlorida Supreme Court
Writing for the CourtPER CURIAM; HOBSON, C. J., and TERRELL
CitationCity of Miami Beach v. Elsalto Real Estate, Inc., 63 So.2d 495 (Fla. 1953)
Decision Date27 January 1953
PartiesCITY OF MIAMI BEACH, a Florida Municipal Corporation, Petitioner, v. ELSALTO REAL ESTATE, Inc., a Florida Corporation, Respondent.

Certiorari to Circuit Court, Dade County; George E. Holt, Judge.

Ben Shepard, Miami, for petitioner.

Grady C. Harris, Miami, for respondent. respondent.

PER CURIAM.

Petition for certiorari be and the same is hereby granted and the orders complained of be and the same are hereby quashed on the authority of City of Miami Beach v. Hogan, Fla., 63 So.2d 493.

THOMAS, SEBRING, ROBERTS, MATHEWS and DREW, JJ., concur.

HOBSON, C. J., and TERRELL, J., dissent.

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8 cases
  • Board of Com'rs of State Institutions v. Tallahassee Bank & Trust Co.
    • United States
    • Florida District Court of Appeals
    • December 23, 1958
    ...rule. Appellant refers us to City of Miami Beach v. Hogan, Fla.1953, 63 So.2d 493, and the companion case of City of Miami Beach v. Elsalto Real Estate, Inc., Fla.1953, 63 So.2d 495. We also had a similar situation in Rott v. City of Miami Beach, Fla.1957, 94 So.2d 168. In the cited cases t......
  • City of Miami Beach v. Prevatt
    • United States
    • Florida Supreme Court
    • July 24, 1957
    ...last cited case, appellant relies on State ex rel. Taylor v. City of Jacksonville, 101 Fla. 1241, 133 So. 114, City of Miami Beach v. Elsalto Real Estate, Inc., Fla., 63 So.2d 495, Segal v. City of Miami, Fla., 63 So.2d 496, and State ex rel. Office Realty Co. v. Ehinger, Fla., 46 So.2d 601......
  • City of Miami Beach v. Lachman
    • United States
    • Florida Supreme Court
    • December 11, 1953
    ...last cited case, appellant relies on State ex rel. Taylor v. City of Jacksonville, 101 Fla. 1241, 133 So. 114, City of Miami Beach v. Elsalto Real Estate, Inc., Fla., 63 So.2d 495, Segal v. City of Miami, Fla., 63 So.2d 496, and State ex rel. Office Realty Company v. Ehinger, Fla., 46 So.2d......
  • Carl M. Freeman Associates, Inc. v. State Roads Commission
    • United States
    • Maryland Supreme Court
    • February 7, 1969
    ...rule. Appellant refers us to City of Miami Beach v. Hogan, Fla.1953, 53 So.2d 493, and the companion case of City of Miami Beach v. Elsalto Real Estate, Inc., Fla.1953, 63 So.2d 495. We also had a similar situation in Rott v. City of Miami Beach, Fla.1957, 94 So.2d 168. * * * The mere fact ......
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