SPICY v. CITY OF MIAMI

No. 42937.

280 So.2d 419 (1973)

David SPICY, Petitioner, v. CITY OF MIAMI, a Municipal Corporation, Respondent.

Supreme Court of Florida.

Rehearing Denied October 3, 1973.


Attorney(s) appearing for the Case

Michael B. Solomon, of Theodore M. Trushin Law Offices, Miami Beach, for petitioner.

Alan H. Rothstein, City Atty., and R. Harris Turner, Asst. City Atty., for respondent.


ON REHEARING GRANTED

DEKLE, Justice.

Conflict as a basis for review on certiorari became apparent upon a close consideration of the factual situation appearing on the face of the Third District Court's opinion at 266 So.2d 101 (1972), reversing a resolution of those facts by a jury. Our quashal of a similar substitution of factual judgment by the Third District in Westerman v. Shell's City, Inc., 265 So...

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