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MIAMI BEACH v. KUONI DESTINATION MGT.

No. 3D11-637.

81 So.3d 530 (2012)

CITY OF MIAMI BEACH, Appellant, v. KUONI DESTINATION MANAGEMENT, INC., Ernesto Bertarelli, and Thomas Kramer, Appellees.

District Court of Appeal of Florida, Third District.

February 8, 2012.

Attorney(s) appearing for the Case

Holland & Knight, and Rodolfo Sorondo, Jr. , Miami, and Christopher Bellows ; Jose Smith , Miami Beach City Attorney, for appellant.

Greenberg Traurig , and Elliot H. Scherker , Barry L. Rothberg , and Christopher B. Carbot , Miami, for appellees.

Before RAMIREZ, SHEPHERD, and SUAREZ, JJ.

SUAREZ, J.

The City of Miami Beach ("City") appeals a non-final order granting a temporary injunction in favor of the appellees, Kuoni Destination Management, Inc., Ernesto Bertarelli, and Thomas Kramer ("Kuoni"), enjoining the City from closing a private party alleged to have been in violation of section 142-109 of the Miami Beach Code, which prohibits commercial use of residential property. We have jurisdiction. Fla. R.App. P. 9.130(a)(3)(B). We determine the issue...

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