THE CITY OF MIAMI BEACH, A MUNICIPAL CORPORATION, PETITIONER,
v.
MARY M. NYE, RESPONDENT
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The Florida Supreme Court denied a writ of certiorari, finding no conflict between appellate decisions regarding the City of Miami Beach's authority. The court affirmed the lower court's decision based on its prior ruling in a similar case.
No, there is no conflict. The Florida Supreme Court denied the writ of certiorari.
“By petition for a writ of certiorari we are-requested to review a decision of the Court of Appeal, Third District because of an alleged conflict on the same point of law with. a decision of another Court of Appeal.”
Establishes the procedural posture and the basis for the Supreme Court's review.
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By petition for a writ of certiorari we are-requested to review a decision of the Court of Appeal, Third District because of an alleged conflict on the same point of law with. *439a decision of another Court of Appeal. City of Miami Beach v. Nye, 156 So.2d 205.
The District Court here affirmed a judgment in the trial court on the authority of its own decision in Simpson v. City of Miami, et al., Fla.App., 155 So.2d 829.
It is contended that because of its reliance upon Simpson the instant decision conflicts with the decision of the Court of Appeal, First District, in Middleton v. City of Fort Walton Beach, 113 So.2d 431, and similar cases.
We have approved the decision of the Dictrict Court in Simpson. See City of Miami v. Simpson, Fla., 172 So.2d 435, opinion filed 17th day of February, 1965. On authority of this opinion, the writ is denied.
It is so ordered.
DREW, C. J., and THOMAS, ROBERTS, THORNAL, O’CONNELL and ERVIN, JJ., concur.
dissents, see dissent City of Miami v. Simpson, Fla., 172 So.2d 435, this day filed.
CALDWELL, J.,
dissents, see dissent City of Miami v. Simpson, Fla., 172 So. 2d 435, this day filed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- City OF Miami v. Roce Simpson, 172 So. 2d 435 (Fla. 1965)
- Middleton v. City OF Fort Walton Beach, 113 So. 2d 431 (Fla. 1st DCA 1959)
- Roce Simpson v. City OF Miami, 155 So. 2d 829 (Fla. 3d DCA 1963)
- City OF Miami Beach v. NYE, 156 So. 2d 205 (Fla. 3d DCA 1963)