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McCREARY v. METROPOLITAN DADE COUNTY

No. 62-6.

144 So.2d 337 (1962)

Barney McCREARY and Betty McCreary, His Wife, et al., Appellants, v. METROPOLITAN DADE COUNTY (Not a Municipal Corporation), a Political Subdivision of the State of Florida, and Howard Scharlin, Appellees.

District Court of Appeal of Florida. Third District.

September 18, 1962.

Attorney(s) appearing for the Case

Wepman & Wepman, Miami, for appellants.

Darrey A. Davis, County Atty., and St. Julien P. Rosemond, Asst. County Atty., for Metropolitan Dade County.

William J. Weissel, Miami, for Howard Scharlin.

Before PEARSON, TILLMAN, C.J., and HORTON and BARKDULL, JJ.

BARKDULL, Judge.

The appellants, as petitioners in the trial court, sought a "writ of certiorari and other relief" to review a certain rezoning resolution adopted by Dade County upon application of the appellee, Howard Scharlin. The petition was not accompanied by a record of the proceedings which resulted in the adoption of the resolution, in accordance with Florida Appellate Rule 4.5(c), 31 F.S.A. Therefore, the trial...

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