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BREAUX v. CITY OF MIAMI BEACH

Nos. SC02-1568, SC02-1569.

899 So.2d 1059 (2005)

Frederica E. BREAUX, etc., Petitioner, v. CITY OF MIAMI BEACH, Respondent, Rabbi Israel Poleyeff, etc., Petitioner, v. City of Miami Beach, Respondent.

Supreme Court of Florida.

March 24, 2005.

Attorney(s) appearing for the Case

Nancy Little Hoffmann, Pompano Beach, Florida and Howard L. Pomerantz of Abramowitz and Pomerantz, P.A., Sunrise, Florida on behalf of Frederica E. Breaux, etc.; and Joel D. Eaton of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin and Perwin, P.A., Miami, Florida on behalf of Rabbi Israel Poleyeff, etc., for Petitioner.

Christopher N. Bellows and Daniel S. Pearson of Holland and Knight, Miami, Florida, and Murray H. Dubbin, City of Attorney, Miami Beach, Florida on behalf of City of Miami Beach, for Respondent.

Edward G. Guedes of Weiss, Serota, Helfman, Pastoriza, Guedes, Cole and Boniske, P.A., Miami, Florida on behalf of Village of Key Biscayne and Bal Harbour Village; John C. Dellagloria, City Attorney, North Miami, Florida, Stephen H. Cypen, Town Attorney, Miami Beach, Florida, and Lynn M. Dannheisser, City Attorney, Sunny Isles Beach, Florida on behalf of City of North Miami and Town of Surfside, As Amici Curiae.

PARIENTE, C.J.

We have for review the Third District Court of Appeal's decision in Poleyeff v. City of Miami Beach, 818 So.2d 672 (Fla. 3d DCA 2002) (Poleyeff II), which expressly and directly conflicts with this Court's decision in Florida Department of Natural Resources v. Garcia, 753 So.2d 72 (Fla.2000).1

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