CITY OF SUNNY ISLES BEACH v. PUBLIX SUPER MARKETS, INC.

No. 3D07-1895.

996 So.2d 238 (2008)

CITY OF SUNNY ISLES BEACH, etc., Petitioner, v. PUBLIX SUPER MARKETS, INC., etc., Respondent.

District Court of Appeal of Florida, Third District.

November 26, 2008.


Attorney(s) appearing for the Case

Coffey Burlington, Kendall Coffey, Miami, and Jeffrey B. Crockett; Hans Ottinot, City Attorney, and Fernando Amuchastegui, Assistant City Attorney, Fort Lauderdale, for petitioner.

Greenberg Traurig, Elliot H. Scherker, Clifford A. Schulman, Paul R. Lipton and Kerri L. McNulty, Miami, for respondent.

Before WELLS, SHEPHERD, and ROTHENBERG, JJ.


SHEPHERD, J.

The petitioner, City of Sunny Isles Beach, seeks a writ of prohibition to prevent or stay the improper exercise of jurisdiction by the circuit court in a declaratory judgment action presently pending in Miami-Dade Circuit Court Case No. 07-1659 CA 15, Publix Super Markets, Inc., v. City of Sunny Isles Beach. We grant the petition.

The petitioner alleges the trial court is acting in excess of its...

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