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CITY OF TALLAHASSEE v. KOVACH

No. 98-2413.

733 So.2d 576 (1999)

CITY OF TALLAHASSEE, Petitioner, v. Robert KOVACH and Carrie Kovach, Respondents.

District Court of Appeal of Florida, First District.

Rehearing Denied June 22, 1999.

Attorney(s) appearing for the Case

James R. English, City Attorney, and Linda R. Hurst, Assistant City Attorney, Tallahassee, for Petitioner.

Robert C. Apgar and Yeline Goin of Apgar and Pelham, Tallahassee, and Harry Morrison, Jr. of Florida League of Cities, Inc., Amicus in support of Petitioner.

Randall E. Denker of Lehrman and Denker, Bradfordville, for Respondents.

KAHN, J.

The City of Tallahassee (City) appeals an order granting final summary judgment in both certiorari and mandamus in favor of appellees, Robert and Carrie Kovach. We treat this appeal as a petition for certiorari, grant the petition, and remand with directions that judgment be entered in favor of the City. See Sheley v. Florida Parole Comm'n, 720 So.2d 216 (Fla.1998); Haines City Community Development v. Heggs,...

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