City of Miami Beach V, Sargeant

• Decision Date: 10 January 1978
• Docket Number: Nos. 77-551,77-552,s. 77-551
• Citation: 358 So.2d 187
• Parties: CITY OF MIAMI BEACH, a Florida Municipal Corporation, Harold Rosen, as Mayor, Leonard Haber, as Vice-Mayor, Murray Meyerson, Philip Sahl, Hal Spaet, Leonard Weinstein, and Simon Wikler, as Councilmen, and Dodd Southern, as City Manager, all of petitioner, Appellants, v. Harry H. SARGEANT, Irene Yarwood, and Edgar J. Petrini and Carmella Petrini, his wife, Appellees.
• Court: Florida District Court of Appeals

Page 187

358 So.2d 187

CITY OF MIAMI BEACH, a Florida Municipal Corporation, Harold Rosen, as Mayor, Leonard Haber, as Vice-Mayor, Murray Meyerson, Philip Sahl, Hal Spaet, Leonard Weinstein, and Simon Wikler, as Councilmen, and Dodd Southern, as City Manager, all of petitioner, Appellants, v. Harry H. SARGEANT, Irene Yarwood, and Edgar J. Petrini and Carmella Petrini, his wife, Appellees.

Nos. 77-551, 77-552.

District Court of Appeal of Florida,Third District.

Jan. 10, 1978.

Rehearing Denied May 23, 1978.

Joseph A. Wanick, City Atty. and Andrew H. Moriber, Asst. City Atty., for appellants.

Fowler, White, Burnett, Hurley, Banick & Knight and George B. Foss, Jr., W. Frank Esslinger, Jr., Miami, for appellees.

Before PEARSON, BARKDULL and NATHAN, JJ.

PER CURIAM.

Affirmed on the authority of Owenby Auto Parts, Inc. v. Jennings, 259 So.2d 537 (Fla. 3d DCA 1972); Roberts v. Askew, 260 So.2d 492 (Fla.1972); State Department of Transportation v. Shaw, 303 So.2d 75 (Fla. 1st DCA 1974); United States v. Johnson County, Iowa, 6 Wall. 166, 73 U.S. 166, 18 L.Ed. 768 (1868).