MORNINGSIDE CIVIC v. CITY OF MIAMI COM'N

No. 3D05-1381.

917 So.2d 293 (2005)

MORNINGSIDE CIVIC ASSOCIATION, INC., James D. Wing, and Cesar A. Hernandez-Canton, Petitioners, v. CITY OF MIAMI COMMISSION, City of Miami, Kubik, LLC, and Biscayne Premier Investments, Inc., Respondents.

District Court of Appeal of Florida, Third District.

December 21, 2005.


Attorney(s) appearing for the Case

Baker & McKenzie and Donald Hayden; Holland & Knight and James D. Wing, Miami, for petitioners.

Jorge L. Fernandez, City Attorney and Rafael Suarez-Rivas, Assistant City Attorney; Greenberg Traurig, P.A., and Elliot H. Scherker and Lucia Dougherty, Miami, for respondents.

Before COPE, C.J., and SHEPHERD and ROTHENBERG, JJ.


On Rehearing Granted

COPE, C.J.

On consideration of the petitioners' motion for rehearing, we grant the motion and withdraw our previous order denying certiorari. We substitute the following opinion.

Petitioners Morningside Civic Association, James D. Wing and Cesar Hernandez-Canton (collectively "Morningside") petition for a writ of certiorari to quash a decision of the appellate division of the circuit court. The appellate division denied...

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