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CITY OF MIAMI v. WELLMAN

No. SC04-1408.

944 So.2d 251 (2006)

CITY OF MIAMI, Petitioner, v. Sidney S. WELLMAN, et al., Respondents.

Supreme Court of Florida.

November 2, 2006.

Attorney(s) appearing for the Case

Robert S. Glazier, Jorge L. Fernandez, City Attorney, Maria Joy Chiaro and Warren Bittner, Assistant City Attorneys, Miami, FL, for Petitioner.

Ronald S. Guralnick, Miami, FL for Respondent.

PER CURIAM.

We have for review City of Miami v. Wellman, 875 So.2d 635 (Fla. 3d DCA 2004), in which the Third District Court of Appeal cited Mulligan v. City of Hollywood, 871 So.2d 249 (Fla. 4th DCA 2003), quashed, 934 So.2d 1238 (Fla.2006). By the time the Third District Court of Appeal's

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