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SMITH v. CITY OF FT. MYERS

No. 2D04-3720.

898 So.2d 1177 (2005)

Earl SMITH, Appellant, v. CITY OF FORT MYERS and Lee County, Appellees.

District Court of Appeal of Florida, Second District.

April 6, 2005.

Attorney(s) appearing for the Case

Steven Carta of Simpson, Henderson, Carta & Randolph, Fort Myers, for Appellant.

Harold N. Hume, Jr. and J. Matthew Belcastro of Henderson, Franklin, Starnes & Holt, Fort Myers, for Appellee City of Fort Myers.

Robert W. Gray, Lee County Attorney, and Thomas L. Wright, Assistant County Attorney, Fort Myers, for Appellee Lee County.

WHATLEY, Judge.

Earl Smith appeals a final order dismissing his amended complaint against the City of Fort Myers and Lee County with prejudice. Smith's complaint sought a declaratory decree that the City's approval of the transfer of certain property to the County violated both section 163.380, Florida Statutes (2003), and the City Code of the City of Fort Myers. We conclude that the trial court erred in dismissing the amended complaint with prejudice and reverse...

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