RINKER MATERIALS CORPORATION, A FLORIDA CORPORATION, APPELLANT,
v.
CITY OF NORTH MIAMI, A FLORIDA MUNICIPAL CORPORATION, APPELLEE

Fla. 3d DCA | 1974-01-28
No. 72-505
Before BARKDULL, C. J., and PEARSON and HAVERFIELD, JJ.
288 So. 2d 536 Florida District Court of Appeal, Third District (1974) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Whereas, the judgment of this court was entered on February 14, 1973 (273 So. 2d 436) affirming the judgment of the Circuit Court for Dade County, Florida, in the above styled cause; and Whereas, on review of this court’s judgment, by certiorari, the Supreme Court of Florida by its opinion and judgment filed December 6, 1973, 286 So. 2d 552 and mandate now lodged in this court, quashed this court’s judgment with directions;

Now, therefore, It is Ordered that the mandate of this court issued in this cause on March 13, 1973 is withdrawn, the judgment of this court filed February 14, 1973 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court, the order of the circuit court is set aside with directions that an order be entered directing that the City of North Miami forthwith issue the building permit sought by the petitioner. Costs allowed shall be taxed in the trial court (Rule 3.16, subd. b, F.A.R. 32 F.S.A.).


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Citator

Cited By

  • Victorien T. LEE v. City OF Jacksonville, 793 So. 2d 62 (Fla. 1st DCA 2001)
    …ordinance. [*67] An ordinance is construed according to the enacting body’s intent, and as the ordinance affects real property, strict construction is required. Rinker Materials Corp. v. City of North Miami, 286 So. 2d 552 (Fla.1973), conformed to, 288 So. 2d 536 (Fla. 3d DCA 1974). Applying these parameters, the term “lot” should be given its ordinary meaning of applying to subdivision parcels and small tracts of land. It never has been utilized or construed to apply to a 72 acre parcel of land until this c…
  • Ballman v. State, 297 So. 2d 31 (Fla. 1974)
    …Certiorari denied. 288 So. 2d 536. ADKINS, C. J., and ROBERTS, ERVIN, BOYD and McCAIN, JJ., concur.…

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