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DURHAM PARK NEIGHBORHOOD v. CITY OF MIAMI

No. 3D06-2718.

53 So.3d 245 (2010)

The DURHAM PARK NEIGHBORHOOD ASSOCIATION, INC., the Miami River Marine Group, Inc., and Captain Herbert Payne, Appellants, v. CITY OF MIAMI and Brisas del Rio, 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.

Jorge L. Fernandez , City of Miami Attorney and Rafael Suarez-Rivas , Assistant City of Miami Attorney; Arlette Molina, for appellees.

Before WELLS, CORTIÑAS and LAGOA, JJ.

ON MOTION FOR REHEARING

PER CURIAM.

The motion for rehearing is denied.

CORTIÑAS and LAGOA, JJ., concur.

WELLS, dissents.

ON MOTION FOR REHEARING EN BANC

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

The motion for rehearing en banc is denied.

RAMIREZ, C.J., and CORTIÑAS, ROTHENBERG, LAGOA and SALTER, JJ., concur.

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