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CITY OF MIAMI v. FLORIDA EAST COAST RAILWAY CO.

No. 73-367.

286 So.2d 253 (1973)

CITY OF MIAMI, a Municipal Corporation of the State of Florida, Appellant, v. FLORIDA EAST COAST RAILWAY COMPANY, a Florida Corporation, et al., Appellees.

District Court of Appeal of Florida, Third District.

November 27, 1973.

Attorney(s) appearing for the Case

John S. Lloyd, City Atty., and R. Harris Turner, Asst. City Atty., Howard Hadley, Winter Park, Podhurst, Orseck & Parks, Miami, for appellant.

Shutts & Bowen and Eric B. Meyers, Miami, for appellees.

Before PEARSON, CARROLL and HENDRY, JJ.

PER CURIAM.

This is an appeal from a summary judgment for the Florida East Coast Railway as counterclaimant. The issue presented by the counterclaim was the railroad's right to improve its property during the progress of an eminent domain suit brought by the City of Miami. Error is also assigned upon an order denying petitioner's motion to dismiss defendant's counterclaim, and upon an order denying petitioner's motion to stay hearing on defendant's motion for summary...

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