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CITY OF MIAMI BEACH v. MUTUAL BENEFIT LIFE INSURANCE COMPANY

No. 70-868.

239 So.2d 272 (1970)

CITY OF MIAMI BEACH, Florida, a Municipal Corporation, Appellant, v. MUTUAL BENEFIT LIFE INSURANCE COMPANY et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 28, 1970.

Attorney(s) appearing for the Case

Joseph A. Wanick, City Atty., for appellant.

Sibley, Giblin, Levenson & Ward, Miami Beach, for appellees.

Before PEARSON, C.J., and CHARLES CARROLL and SWANN, JJ.

PER CURIAM.

The City of Miami Beach appeals from a final judgment of the circuit court holding that the city had no authority to change a provision of the South Florida Building Code, the building code for both the incorporated and unincorporated areas of Dade County, Florida. See § 8-1, Code of Metropolitan Dade County.

The trial court correctly held that under Article 1, § 1.01A(13) of the Metropolitan Dade County Home Rule Charter, the Board of...

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