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CITY OF MIAMI BEACH v. CUMMINGS

Nos. 70-1, 70-2.

239 So.2d 501 (1970)

CITY OF MIAMI BEACH, a Florida Municipal Corporation, Appellant, v. A.J. CUMMINGS and Sadie Belk Cummings, His Wife, Bertram M. Gerson and Clara D. Gerson, His Wife, and Clara D. Clements, Amelia King Buckley and Mary Jane King, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 2, 1970.

Attorney(s) appearing for the Case

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

John M. Murrell, John M. Murrell, Jr., W.F. Esslinger, Fowler, White, Humkey, Burnett, Hurley & Banick, Miami, for appellees.

Before PEARSON, C.J., and CHARLES A. CARROLL and HENDRY, JJ.

PEARSON, Chief Judge.

These appeals by the City of Miami Beach are from judgments each of which awarded attorney's fees to a landowner after the dismissal of proceedings in eminent domain. The city brought a suit to take the appellees' property, but because the awards were higher than the city's available money the city abandoned the proceeding. See City of Miami Beach v. Cummings, Fla.App. 1969, 228 So.2d 109, where an award of...

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