FLORIDA EAST COAST RY. CO. v. CITY OF MIAMI

No. 78-655.

372 So.2d 152 (1979)

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

District Court of Appeal of Florida, Third District.

Rehearing Denied July 13, 1979.


Attorney(s) appearing for the Case

Shutts & Bowen and Phillip Newcomm, Miami, for appellant.

Frates, Floyd, Pearson, Stewart, Richman & Greer and Wm. Snow Frates, Miami, for appellee.

Before HAVERFIELD, C.J., and HUBBART and SCHWARTZ, JJ.


HUBBART, Judge.

This is an eminent domain proceeding in which the trial court after a full hearing entered an order of taking [incorporating a prior order of necessity] which authorizes the City of Miami to take certain railroad property located within its municipal limits in order to establish a public park. The railroad appeals therefrom and the City of Miami cross-appeals. We have jurisdiction to review this non-final order. Fla.R. App.P. 9.130(a)(3)(C)(ii).

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