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PAYNE v. CITY OF MIAMI

No. 3D06-1799.

52 So.3d 707 (2010)

Herbert PAYNE; Ann Stetser; The Durham Park Neighborhood Association, a Florida not-for-profit corporation; and The Miami River Marine Group, Inc., a Florida not-for-profit corporation, Appellants, v. CITY OF MIAMI, a Florida municipal corporation; and Balbino Investments, LLC, Appellees.

District Court of Appeal of Florida, Third District.

December 8, 2010.

Attorney(s) appearing for the Case

Andrew W.J. Dickman , Naples, for appellants.

Greenberg Traurig and David C. Ashburn , Tallahassee; Greenberg Traurig and Elliot H. Scherker and Lucia Dougherty and Paul R. Lipton , Miami, and Pamela A. DeBooth , for appellee Balbino Investments, LLC; Jorge L. Fernandez , City Attorney, and Rafael Suarez-Rivas , Assistant City Attorney, for appellee City of Miami.

Before GERSTEN, CORTIÑAS, and ROTHENBERG, JJ.

On Balbino Investments, LLC's Motions for Rehearing

ROTHENBERG, J.

The City of Miami ("City") and Balbino Investments, LLC ("Balbino") filed motions for Rehearing and Rehearing En Banc. The City subsequently withdrew its motions. Balbino's Motion for Rehearing is denied. We, however, withdraw this Court's opinion issued on August 8, 2007, and issue the following opinion in its stead to address the dissenting opinion to the denial of the Motion for...

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