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DeSMEDT v. CITY OF NORTH MIAMI BEACH

No. 91-1959.

591 So.2d 1077 (1991)

John DeSMEDT, Appellant, v. The CITY OF NORTH MIAMI BEACH, Florida, et al., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 4, 1992.

Attorney(s) appearing for the Case

Bedzow Korn Kan & Glaser and Alan J. Kan, Miami, for appellant.

Howard B. Lenard, Miriam Bensinger, North Miami Beach, Jonas and Jonas, and Daniel E. Jonas, Miami, for appellee.

Before SCHWARTZ, C.J., and BASKIN and GODERICH, JJ.

SCHWARTZ, Chief Judge.

The judgment before us dismissed a complaint which sought a declaratory judgment that a resolution of the North Miami City Commission finally approving a site plan was invalid. The basis of the ruling below was that an original action for such relief was inappropriate. Pursuant to Florida Rule of Appellate Procedure 9.040(c),1 we treat this appeal as an application for certiorari, see City of Deerfield Beach v...

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