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CITY OF DELRAY BEACH v. WHITE

No. 92-3697.

616 So.2d 602 (1993)

CITY OF DELRAY BEACH, Officer Douglas Szczepanik, and Officer Jeffrey Caldwell, Appellants, v. Maurice WHITE and Jeffrey Graham, Appellees.

District Court of Appeal of Florida, Fourth District.

April 7, 1993.

Attorney(s) appearing for the Case

Stephen M. Kapral, Peterson & Bernard, P.A., West Palm Beach, Thomas T. Grimmett, Thomas T. Grimmett Law Offices, Fort Lauderdale, and Jane Kreusler-Walsh, Jane Kreusler-Walsh, P.A., West Palm Beach, for appellants.

Isidro M. Garcia, Joseph A. Vassallo, P.A., Lake Worth, for appellees.

PER CURIAM.

Pursuant to Florida Rule of Appellate Procedure 9.310(f), the City of Delray Beach moves for review of an order denying its motion for stay pending its main appeal to this court. We grant the motion and reverse.

The City's timely filing of a notice of appeal entitled it to an automatic stay. Fla.R.App.P. 9.310(b)(2). That rule provides:

The timely filing of a notice shall automatically operate as a stay pending review, except in criminal...

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