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KUVIN v. CITY OF CORAL GABLES

No. 3D05-2845.

62 So.3d 625 (2010)

Lowell Joseph KUVIN, Appellant, v. CITY OF CORAL GABLES, Appellee.

District Court of Appeal of Florida, Third District.

August 25, 2010.

Attorney(s) appearing for the Case

Lowell Joseph Kuvin , in proper person.

Ricci-Leopold and Spencer T. Kuvin , Palm Beach Gardens, for appellant.

Akerman Senterfitt and Michael Fertig and Jennifer Cohen Glasser , Miami; Robert S. Glazier , Miami; and Elizabeth M. Hernandez , City Attorney, Coral Gables, for appellee.

Before GERSTEN, WELLS, SHEPHERD, SUAREZ, CORTIÑAS, ROTHENBERG, LAGOA and SALTER, JJ.

ON MOTION FOR REHEARING EN BANC

ROTHENBERG, J.

Upon our rehearing en banc of this cause, we withdraw the prior panel opinion issued on August 22, 2007, and the subsequent revised dissent, and substitute the following opinion in its stead.

Lowell Joseph Kuvin ("Kuvin") appeals the trial court's order denying his motion for summary judgment, granting the City of Coral Gables' ("the City") motion for summary judgment, and issuing a final declaratory...

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