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SMITH v. CITY OF FORT MYERS

No. 2D06-1693.

944 So.2d 1092 (2006)

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

District Court of Appeal of Florida, Second District.

November 17, 2006.

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.

David M. Owen, Lee County Attorney, and Jack N. Peterson, Assistant County Attorney, Fort Myers, for Appellee Lee County.

STRINGER, Judge.

Earl Smith seeks review of an order granting final summary judgment in favor of the City of Fort Myers and Lee County (together "Appellees") in Smith's declaratory judgment action. We conclude that Smith lacked standing to bring the declaratory judgment action and affirm.

Smith filed a complaint in the circuit court seeking a judicial declaration of the validity of the City's transfer to the County of its ownership of City of Palms Park (...

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