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MILLER v. BOOTH

Nos. 97-2381, 97-922.

702 So.2d 290 (1997)

Irving MILLER and The Village of Pinecrest, Petitioners, v. Harry BOOTH and Dorothy Booth, Respondents. METROPOLITAN DADE COUNTY, Petitioner, v. Harry BOOTH and Dorothy Booth, Respondents.

District Court of Appeal of Florida, Third District.

December 10, 1997.

Attorney(s) appearing for the Case

Baker & McKenzie and Anthony J. O'Donnell, Jr., Miami, for petitioners Irving M. Miller and The Village of Pinecrest.

Robert Ginsburg, Metropolitan Dade County Attorney, and Augusto Maxwell, Assistant County Attorney, for petitioner Metropolitan Dade County.

Zack, Sparber, Kosnitzky, Spratt & Brooks and Gary Brooks, Miami, for respondents.

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

PER CURIAM.

The petitioners, Irving M. Miller, The Village of Pinecrest, and Metropolitan Dade County, seek writs of certiorari to the circuit court, appellate division. We grant the petitions.

We find that the circuit court, sitting in its appellate capacity, departed from the essential requirements of the law by reversing the Metropolitan Dade County, Board of County Commissioner's determination that the Booths' second application for rezoning was precluded...

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