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CITY OF MIAMI BEACH v. CUMMINGS

Nos. 69-443, 69-444.

232 So.2d 757 (1970)

CITY OF MIAMI BEACH, a Municipal Corporation, Appellant, v. A.J. CUMMINGS, and Sadie Belk Cummings, His Wife; Bertram M. Gerson and Clara D. Gerson, His Wife; Clara D. Clements; Amelia King Buckley and Mary Jane King, As Co-Executors under the Last Will and Testament of Isabel P. King, Deceased; and Morris Wolland and Beatrice Wolland, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 10, 1970.

Attorney(s) appearing for the Case

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

Horton & Schwartz, Murrell & Murrell, W.F. Esslinger, Fowler, White, Hunkey, Burnett, Hurley & Banick and George B. Foss, Jr., Miami, for appellees.

Before BARKDULL, HENDRY and SWANN, JJ.

HENDRY, Judge.

Appellant city instituted condemnation proceedings against certain properties owned by the numerous appellees herein. This appeal pertains to the trial judge's order taxing costs and awarding attorneys' fees. Other such costs and fees arising out of this same litigation have been reviewed by this court earlier in the case of City of Miami Beach v. Cummings, Fla. App. 1969, 228 So.2d 109.

It is the appellant...

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