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CITY OF MIAMI v. PLISSNER

No. 64-34.

171 So.2d 52 (1965)

CITY OF MIAMI, a municipal corporation, Appellant, v. Harry PLISSNER, Appellee.

District Court of Appeal of Florida. Third District.

February 2, 1965.

Attorney(s) appearing for the Case

John R. Barrett, City Atty., and Milton M. Ferrell, Special Asst. City Atty., for appellant.

Tobias Simon, Miami, for appellee.

Before BARKDULL, C.J., and CARROLL and HORTON, JJ.

PER CURIAM.

The appellee sought review of a cost judgment rendered in this cause after the mandate of this court had been issued 167 So.2d 620.

Upon the particular facts existent here, we deny the petition. This is not to say, however, that under all circumstances a municipality would not be liable as any other litigant for those costs incident to an appeal and delineated in Rule 5.9, Florida Appellate Rules, 31 F.S.A.<...

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