STATE, FLAGSHIP 1ST NAT'L v. KEY WEST

No. 75-654.

330 So.2d 851 (1976)

STATE of Florida ex rel. FLAGSHIP FIRST NATIONAL BANK OF MIAMI BEACH, a National Banking Association, Formerly Known As the Miami Beach First National Bank As Trustee, Appellant, v. The CITY OF KEY WEST, Florida, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 12, 1976.


Attorney(s) appearing for the Case

Therrel, Baisden, Peterson, Stanton & Stillman and Howard A. Setlin, Miami Beach, for appellant.

Franklin, Ullman, Kimler, Entin & Katz, North Miami Beach, for appellees.

Before BARKDULL, C.J., and HENDRY and HAVERFIELD, JJ.


PER CURIAM.

Petitioner appeals from an order of the Circuit Court of Monroe County denying the issuance of an alternative writ of mandamus, and granting respondents' motions to dismiss the petition.

Appellant contends that the allegations of its petition were sufficient to state a prima facie case for the issuance of the writ and, therefore, the trial court erred in denying the writ and dismissing the petition. We find merit in appellant's contentions...

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