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NANCE v. TOWN OF INDIALANTIC

No. 60901.

419 So.2d 1041 (1982)

James H. NANCE, Petitioner, v. TOWN OF INDIALANTIC, Respondent.

Supreme Court of Florida.

Rehearing Denied October 22, 1982.

Attorney(s) appearing for the Case

Mallory H. Horton of Horton, Perse & Ginsberg, Miami, for petitioner.

Edward J. Silberhorn, Andrew A. Graham and Kerry I. Evander of Reinman, Harrell, Silberhorn, Moule, Boyd & Graham, Melbourne, for respondents.

McDONALD, Justice.

We review Town of Indialantic v. Nance, 400 So.2d 37 (Fla. 5th DCA 1981), because of conflict with Allstate Mortgage Corp. v. City of Miami Beach, 308 So.2d 629 (Fla. 3d DCA), cert. denied, 317 So.2d 763 (Fla. 1975). In a comprehensive and articulate opinion the district court stated in the instant case that "[a] prerequisite...

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