Rinker Materials Corp v. City of North Miami, 72-505

• Decision Date: 28 January 1974
• Docket Number: No. 72-505,72-505
• Citation: 288 So.2d 536
• Parties: RINKER MATERIALS CORPORATION, a Florida corporation, Appellant, v. CITY OF NORTH MIAMI, a Florida municipal corporation, Appellee.
• Court: Florida District Court of Appeals

Page 536

288 So.2d 536

RINKER MATERIALS CORPORATION, a Florida corporation, Appellant, v. CITY OF NORTH MIAMI, a Florida municipal corporation, Appellee.

No. 72-505.

District Court of Appeal of Florida, Third District.

Jan. 28, 1974.

Appeal from Circuit Court, Dade County; George E. Schulz, Judge.

Brigham & Brigham, Miami, for appellant.

Kahn & Clein, North Miami, for appellee.

Before BARKDULL, C.J., and PEARSON and HAVERFIELD, JJ.

ORDER ON MANDATE

PER CURIAM.

Whereas, the judgment of this court was entered on February 14, 1973 (273 So.2d 436) affirming the judgment of the Circuit Court for Dade County, Florida, in the above styled cause; and

Whereas, on review of this court's judgment, by certiorari, the Supreme Court of Florida by its opinion and judgment filed December 6, 1973, 286 So.2d 552 and mandate now lodged in this court, quashed this court's judgment with directions;

Now, therefore, It is Ordered that the mandate of this court issued in this cause on March 13, 1973 is withdrawn, the judgment of this court filed February 14, 1973 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court, the order of the circuit court is set aside with directions that an order be entered directing that the City of North Miami forthwith issue the building permit sought by the petitioner. Costs allowed shall be taxed in the trial court (Rule 3.16, subd. b, F.A.R. 32 F.S.A.).