KESHBRO, INC. v. CITY OF MIAMI

Nos. SC94058, SC95600.

801 So.2d 864 (2001)

KESHBRO, INC., etc., et al., Petitioners, v. CITY OF MIAMI, etc., et al., Respondents. City of St. Petersburg, Petitioner, v. Joseph H. Kablinger, Respondent.

Supreme Court of Florida.

Rehearing Denied December 7, 2001.


Attorney(s) appearing for the Case

David Forestier, North Miami, FL, for Petitioners in No. SC94058.

Jose Fernandez, City of Miami Assistant Attorney, Miami, FL, and Paul B. Feltman of Sweetapple, Broeker & Varkas, Miami, FL, for Respondents in No. SC94058.

Harry Morrison, Jr., General Counsel, Florida League of Cities, Tallahassee, FL, Thomas A. Bustin, Assistant City Attorney, City of St. Petersburg, St. Petersburg, FL, and Robert H. Freilich and Stephen J. Moore of Freilich, Leitner & Carlisle, Kansas City, MO, for the Florida League of Cities, Inc., and the City of St. Petersburg, Amici Curiae in No. SC94058.

Michael S. Davis, City Attorney, and Thomas A. Bustin, Assistant City Attorney, St. Petersburg, FL, and Robert H. Freilich and Stephen J. Moore of Freilich, Leitner & Carlisle, Kansas City, MO, for Petitioner in No. SC95600.

Robert H. Willis, Jr., St. Peterburg, FL, and Alan E. DeSerio of Brigham Moore Gaylord Schuster Merlin & Tobin, LLP, Tampa, FL, for Respondent in No. SC95600.

Herbert W.A. Thiele, County Attorney, Leon County, and Celeste F. Adorno, Assistant County Attorney, Tallahassee, FL, for Florida Association of Counties, Amicus Curiae.

Robert A. Butterworth, Attorney General, and Amelia L. Beisner, Assistant Attorney General, Tallahassee, FL, for The State of Florida, Amicus Curiae in No. SC95600.

Paul B. Feltman of Sweetapple, Broeker & Varkas, Miami, FL, for the City of Miami, Florida and the City of Miami Nuisance Abatement Board, Amici Curiae in No. SC95600.

George L. Dorsett, Assistant County Attorney, Orange County, Orlando, FL, for Orange County and Florida Association of County Attorneys, Amici Curiae in No. SC95600.


SHAW, J.

We have for review City of Miami v. Keshbro, Inc., 717 So.2d 601 (Fla. 3d DCA 1998), which expressly and directly conflicts with the decision in City of St. Petersburg v. Bowen, 675 So.2d 626 (Fla. 2d DCA 1996). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We also have for review the decision in City of St. Petersburg v. Kablinger, 730...

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