TOWN OF HIALEAH GARDENS v. HENDRY

No. 51982.

376 So.2d 1162 (1979)

TOWN OF HIALEAH GARDENS, a Municipal Corporation, Rene Dibut and David Nichols, Petitioners, v. Norman HENDRY, Chief Judge, Tillman Pearson, Thomas H. Barkdull, Jr., Robert M. Haverfield, Raymond G. Nathan, Phillip A. Hubbart, Judges of the District Court of Appeal of Florida, Third District, and Harlan Aaron Gibbons, Respondents.

Supreme Court of Florida.

November 8, 1979.


Attorney(s) appearing for the Case

Edward A. Perse and Arnold R. Ginsberg, of Horton, Perse & Ginsberg; P.J. Carroll & Associates, P.A., Miami, for petitioners.

Spiegelman and Spiegelman, and Robert Orseck, of Podhurst, Orseck & Parks, Miami, for respondent Harlan Aaron Gibbons.


SUNDBERG, Justice.

Petitioners have properly invoked the jurisdiction of this Court pursuant to article V, section 3(b)(5), Florida Constitution, and Florida Appellate Rule 4.5b, for issuance of an alternative writ of mandamus directing respondents, Judges of the District Court of Appeal, Third District, to reinstate petitioners' plenary appeal and decide the merits of their case. We have issued an alternative writ of mandamus and, after the receipt of respondents...

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