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PAUL v. CITY OF MIAMI BEACH

No. 88-217.

519 So.2d 1150 (1988)

David PAUL, Appellant, v. CITY OF MIAMI BEACH, a Municipal Corporation of the State of Florida, and Joseph Z. Fleming, Appellees.

District Court of Appeal of Florida, Third District.

February 16, 1988.

Attorney(s) appearing for the Case

Fine, Jacobson, Schwartz, Nash, Block & England, Miami, for appellant.

Arnold Weiner, City Atty., Miami Beach, Fleming and Klink, Miami, for appellees.

Before SCHWARTZ, C.J., and HENDRY and NESBITT, JJ.

ON MOTION TO DISMISS

SCHWARTZ, Chief Judge.

The operative facts and controlling issue in this case are identical to those in Johnson v. Citizens State Bank, 518 So.2d 410 (Fla. 1st DCA 1988). For the reasons stated in Johnson, we follow that decision in holding that an improvidently taken appeal from a judgment of the circuit court sitting in its review capacity may not be effectively treated as an appropriate...

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