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CITY OF MIAMI BEACH v. CUMMINGS

Nos. 41342, 41393.

257 So.2d 15 (1971)

CITY OF MIAMI BEACH, a Florida Municipal Corporation, Appellant, v. A.J. CUMMINGS and Sadie Belk Cummings, His Wife, et al., Appellees.

Supreme Court of Florida.

December 15, 1971.

Attorney(s) appearing for the Case

Joseph A. Wanick, Miami Beach, for appellant.

John M. Murrell and John M. Murrell, Jr., Miami, for A.J. Cummings and Sadie Belk Cummings, his wife.

W.F. Esslinger, Miami, for Bertram M. Gerson and Clara D. Gerson, his wife and Clara D. Clements.

George B. Foss, Jr., of Fowler, White, Humkey, Burnett, Hurley & Banick, Miami, for Mary Jane King and Amelia King Buckley.

Henry R. Carr, Miami, for Morris Wolland and Beatrice Wolland, his wife, Thomas Heeney and Marion Estelle Heeney, his wife; and all unknown owners, lien holders or claimants.

PER CURIAM.

Appellant seeks review by this Court of a Circuit Court's Summary Judgment entered in Appellees' favor dismissing Appellant's condemnation petition on the ground the action could not be brought since Appellant had not acted in good faith when it failed to pay the awards given Appellees in earlier condemnation proceedings for the same property.

Article V, Section 4(2) of the Florida Constitution, F.S.A., provides in part:

"Appeals from...

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