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CITY OF MIAMI BEACH v. CYPEN

No. 84-182.

454 So.2d 628 (1984)

CITY OF MIAMI BEACH, Florida, a Municipal Corporation, Petitioner, v. Irving CYPEN and Gary R. Gerson, As Personal Representative of the Estate of Bertram M. Gerson; Southeast Bank, N.A., As Personal Representative of the Estate of Clara D. Gerson: Durant F. Clements, As Executor of the Estate of Clara D. Clements, Amelia King Buckley and Beatrice Wolland Krovetz, and the Honorable Bernard Jaffee, Circuit Judge Assigned to Case No. 70-11798 in the Circuit Court for the 11TH Judicial Circuit in and for Dade County, Florida, Respondents.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 6, 1984.

Attorney(s) appearing for the Case

Dubbin, Berkman, Dubbin & Greenfield and Andrew H. Moriber, Miami, for petitioner.

W.F. Esslinger, George B. Foss, Jr., Joseph S. Paglino, Miami, Frank Wolland, North Miami, Robert A. Ginsburg, Dade County Atty., and Roy Wood, Asst. County Atty., for respondents.

Before NESBITT, DANIEL S. PEARSON and JORGENSON, JJ.

ON PETITION FOR A WRIT OF CERTIORARI

PER CURIAM.

Title to the property having vested in the petitioner upon the deposit of the condemnation award into the trial court's registry in 1976, see § 73.101, Fla. Stat. (1975), the trial court's order is quashed insofar as it determined that the date of taking occurred three years later upon the voluntary dismissal of the petitioner's pursuit of relief from a higher court. The remainder of the petitioner...

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