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MILANICK v. TOWN OF BEVERLY BEACH

No. 5D00-3171.

820 So.2d 317 (2001)

Alexander J. MILANICK and John C. Milanick, Appellants, v. TOWN OF BEVERLY BEACH, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

October 19, 2001.

Attorney(s) appearing for the Case

James J. Kearn, P.A., Daytona Beach, for Appellants.

Sidney M. Nowell and Christine Costa-Camacho of Chiumento & Associates, P.A., Palm Coast, for Appellee, Town of Beverly Beach.

Timothy M. Goan of Timothy M. Goan, P.A., Palm Coast, for Appellee, Charles Osborne.

PLEUS, J.

This case involves the failure of a town to properly record its ordinance annexing two parcels of land. Ultimately, the appellants filed a three count complaint in the circuit court alleging their civil rights were violated by the town and its mayor and seeking a writ of mandamus compelling the town to take the steps necessary to properly complete the annexation. The circuit court dismissed all three counts with prejudice. While we affirm the dismissal of...

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