CITY OF CORAL GABLES v. BURGIN

No. 60-173.

135 So.2d 771 (1961)

CITY OF CORAL GABLES, Florida, a municipal corporation, et al., Appellants, v. James B. BURGIN, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied January 11, 1962.


Attorney(s) appearing for the Case

Edward L. Semple, City Atty., and William M. Burton, Jr., Miami, for appellants.

Paul H. Brinson, Coral Gables, and Harry O. Traylor, Miami, for appellee.

Darrey A. Davis, County Atty., Miami, for intervenor Dade County.

Before PEARSON, TILLMAN, C.J., HORTON, J., and PROBY, LUCIEN C., Associate Judge.


PER CURIAM.

An opinion was filed in this cause; thereafter, Dade County was permitted to intervene for the purpose of filing petition for rehearing. The petition of the appellee and the petition of the intervenor for a rehearing of the cause were granted and the cause came on for reargument.

The court is of the opinion that it had overlooked a controlling provision of the Metropolitan Charter, that is, Section 1.01 (A)13, which reads as follows:

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