CITY OF CORAL GABLES, FLORIDA, A MUNICIPAL CORPORATION, ET AL., APPELLANTS,
v.
JAMES B. BURGIN, APPELLEE

Fla. 3d DCA | 1961-10-30
No. 60-173
Before PEARSON, TILLMAN, C. J., HORTON, J., and PROBY, LUCIEN C, Associate Judge.
135 So. 2d 771 Florida District Court of Appeal, Third District (1961) Positive Treatment
Cited by 3 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Holding

The court held that a provision of the Metropolitan Charter, requiring uniform building codes and certificates of competency, controls the issuance of municipal licenses.

Facts & Procedural History

An appeal was filed, and rehearing was granted. The court reviewed a provision of the Metropolitan Charter and a Supreme Court case.…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.

Opinion of the Court
PER CURIAM.

PER CURIAM.

An opinion was filed in this cause; thereafter, Dade County was permitted to intervene for the purpose of filing petition for rehearing. The petition of the appel-lee and the petition of the intervenor for a rehearing of the cause were granted and the cause came on for reargument.

The court is of the opinion that it had overlooked a controlling provision of the Metropolitan Charter, that is, Section 1.01 (A) 13, which reads as follows:

“Adopt and enforce uniform building and related technical codes and regulations for both the incorporated and unincorporated areas of the county; provide for examinations for contractors and all parties engaged in the building trades and for the issuance of certificates of competency and their revocation after hearing. Such certificates shall be recognized and required for the issuance of a license in all municipalities in the county. No municipality shall be entitled to require examinations or any additional certificate of competency or impose any other conditions for the issuance of a municipal license except the payment of the customary fee. The municipality may issue building permits and conduct the necessary inspection in accordance with the uniform codes and charge fees therefor.”

Therefore the previously filed opinion is withdrawn and vacated. It further appears that the controlling question in this appeal was passed upon by the Supreme Court of Florida in the case of City of Miami Beach v. Cowart, Fla.1959, 116 So.2d 432. In accordance therewith the judgment of the lower court must be and is hereby affirmed.

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Lasseter v. Dade Cnty. Bd. of Rules & Appeals, 19 Fla. Supp. 191 (Dade Cty. Cir. Ct. 1962)
    …den (1895), 144 N.Y. 529, 39 N.E. 686, 27 L.R.A. 718. The court is aware of and has examined Atwater v. City of Sarasota, Fla. 1949, 38 So. 2d 681; City of Hollywood v. Bair, Fla. 1957, 93 So. 2d 60; City of Coral Gables v. Burgin, Fla.App.3d 1962, 135 So. 2d 771; City of Miami Beach v. Cowart, Fla. 1959, 116 So. 2d 432; and other cases cited by the respective parties. The decision of the Metropolitan Dade County Board of Rules and Appeals dated August 23, 1961 set forth at the outset hereof is hereby quash…
  • City OF Coral Gables v. Burgin, 138 So. 2d 512 (Fla. 1962)

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw