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CITY OF MIAMI v. WELLMAN

No. 3D01-3050.

976 So.2d 22 (2008)

The CITY OF MIAMI, Appellant, v. Sidney S. WELLMAN, et al., and Nadine Theodore, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 27, 2008.

Attorney(s) appearing for the Case

Jorge L. Fernandez, Sarasota, and Warren Bittner; Robert S. Glazier, Miami, for appellant.

Ronald S. Guralnick, Miami, for appellees.

Before GERSTEN, C.J., and RAMIREZ, and WELLS, JJ.

ON REMAND

RAMIREZ, J.

The City of Miami appeals the order granting plaintiffs' Motion for Injunctive Relief. Appellees Sidney S. Wellman, et al., and Nadine Theodore, et al., cross-appeal the same order. We affirm because the City's vehicle impoundment ordinance is unconstitutional for three reasons: (1) it fails to provide adequate notice; (2) it applies an incorrect standard of proof; and (3) it fails to satisfy due process requirements by not providing...

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