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MIAMI HEAT LTD. PARTNERSHIP v. LEAHY

Nos. 96-2803, 96-2804.

682 So.2d 198 (1996)

MIAMI HEAT LIMITED PARTNERSHIP, a Florida limited partnership, Basketball Properties, Ltd., a Florida limited partnership, and Pauline Winick, Appellants, v. David C. LEAHY, as Supervisor of Elections of Metropolitan Dade County, Florida, Appellee, and Stop New Arena Committee, Intervenor.

District Court of Appeal of Florida, Third District.

October 24, 1996.

Attorney(s) appearing for the Case

Bruce S. Rogow, Fort Lauderdale; Holland & Knight and Daniel S. Pearson, Miami, for appellants.

Robert A. Ginsburg, County Attorney, and Steven B. Bass and Jess M. McCarty, Assistant County Attorneys, for appellee.

Jorden, Burt, Berenson & Johnson and Dan Paul; Baker & McKenzie and Richard J. Ovelmen; Zack, Sparber, Kosnitzky, Spratt & Brooks, Miami, for intervenor.

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

NESBITT, Judge.

On September 25, 1996, Miami Heat Limited Partnership, Basketball Properties, Ltd., and Pauline Winick (hereinafter "appellants") brought an action for declaratory judgment and filed an emergency motion for permanent injunction to prohibit David H. Leahy, as Supervisor of Elections, from placing a ballot question prompted by an Initiative Petition on the upcoming November 5, 1996 general election ballot.1 The trial court...

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