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CIOLLI v. CITY OF PALM BAY

No. 5D09-4582.

59 So.3d 295 (2011)

Frank A. CIOLLI, Appellant, v. CITY OF PALM BAY, Appellee.

District Court of Appeal of Florida, Fifth District.

April 15, 2011.

Attorney(s) appearing for the Case

Douglas D. Marks of Boyd & Marks, L.L.C., Melbourne, for Appellant.

James D. Stokes , City Attorney and Andrew P. Lannon , Deputy City Attorney, Palm Bay, for Appellee.

EVANDER, J.

Frank Ciolli appeals from the entry of a final summary judgment foreclosing a Code Enforcement Board lien against his property. Because there was a material disputed factual issue regarding whether the City of Palm Bay had given Ciolli proper notice of its Code Enforcement Board proceedings, we reverse.

On November 12, 2003, after a hearing, the City's Code Enforcement Board issued an order finding that Ciolli's property had not been maintained...

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