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METROPOLITAN DADE COUNTY v. POTAMKIN CHEVROLET

No. 3D02-436.

832 So.2d 815 (2002)

METROPOLITAN DADE COUNTY, etc., Appellant, v. POTAMKIN CHEVROLET, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied December 20, 2002.

Attorney(s) appearing for the Case

Robert A. Ginsburg, Miami-Dade County Attorney, and Thomas Goldstein, Assistant County Attorney, for appellant.

Pathman Lewis, LLP and Wayne M. Pathman and Alex Kurkin, for appellee.

Before JORGENSON, COPE, and GODERICH, JJ.

Rehearing and Rehearing En Banc Denied December 20, 2002.

JORGENSON, Judge.

The County appeals from an order granting summary judgment to Potamkin Chevrolet to quiet title. For the following reasons, we reverse.

History of the Property

The property that is at the center of this controversy is adjacent to and in part over a canal that runs parallel to N.W. 57th Avenue in Miami Lakes. In the 1960s, two property owners conveyed to Dade...

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