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MOORE v. CITY OF PUNTA GORDA

No. 93-00265.

627 So.2d 1313 (1993)

William R. MOORE and Betty F. Moore, Appellants, v. CITY OF PUNTA GORDA, a Florida Municipal Corporation, Appellee.

District Court of Appeal of Florida, Second District.

December 10, 1993.

Attorney(s) appearing for the Case

Michael P. Haymans, Farr, Farr, Emerich, Sifrit and Hackett, P.A., Port Charlotte, for appellants.

J. Michael Rooney, Safron, Rooney & Dzurak, Punta Gorda, for appellee.

RYDER, Acting Chief Judge.

Mr. and Mrs. Moore seek review of the trial court's order dismissing their complaint against the City of Punta Gorda for failure to comply with a condition precedent contained in section 163.3215, Florida Statutes (1991). We reverse.

The City of Punta Gorda denied the Moores' request to construct a boat elevator next to their existing pier that extends into Charlotte Harbor. The Moores filed a threecount complaint in circuit court...

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