File Ref. #102
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RE.Cfj\lEO
MANDATE FRCJ.1 CIRCUIT~BJ?l'I \'2.' \ 9
c.. net.
APPELLATE DIVIS .. __""lQ:,V\'s Or
ELEVENTH JUDICIAL OlRCUIT
DADE COUNTY, FLORIDA
APPEALS NO. 98-239AP
WEST BAY PLAZA CONDOMINIUM ASSOCIATION
and PAUL PHINNEY, Individually
APPELLANT/PETITIONER
vs
CITY OF MIAMI BEACH and THE CITY OF
M I AM I BEACH I-OUS II\G AUTI-OR I TY
APPELLEE/RESAONDENT
This cause having been brought to this Court by appeal, and after cue
consideration the Court having Issued Its opinion;
YOU ARE HEREBY COMMANDED that such further proceedings be had In selid
cause I n accordance with the op I n Ion of th I s COURT attached hereto elnd
I ncorporated as part of th I S order, and with the ru I es of procedure elnd
laws of the STATE OF FLORIDA.
Case Number(s) 2626
WITNESS the Honorable Murray Goleman, Aemlnlstratlve Judge of the
Appel late Division of the Circuit Court of the Eleventh JUdicial Circuit of
Florida and the seal of the said Circuit Court at Miami, this 18th day of
September, 1998.
HARVEY RLNIN,
Clerk of the C I rcu I t Court of ,,_~":'."::,~
the Eleventh Jud I c I a I C I rcu l:t" ~ c' ,.'i;.~,."
In and n Dade County. ,.... ''':>1~
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Deputy rk ~"~' -"'j>f!"/J/
NOT FINAL UNTIL TIME EXPIRES
TO FILE RE-HEARING MOTION,
AND IF FILED DISPOSED OF.
IN THE CIRCUIT
THE ELEVENTH
CIRCUIT IN AND
COUNTY, FLORIDA.
COURT (IF
JUDICIi.L
FOR DAnE
APPELLATE DIVISION
WEST BAY PLAZA CONDOMINIUM
ASSOCIATION and PAUL PHINNEY,
individually,
Petitioner,
vs.
CASE NUMBER: 98-239AP
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LOWER COURT CASE NUM~ER: ~n
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CITY OF MIAMI BEACH and THE
LOFTS AT SOUTH BEACH, INC.,
Respondent.
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Clerk 01 Ci{cuit~
p~ County court..
Opinion filed August 28, 1998.
A Petition for Writ of Certiorari from CITY OF MIAMI BEACH
BOARD OF ADJUSTMENT, Dade County, Florida.
SANTIAGO D. ECHEMENDIA, ESQ. for petitioner.
JEAN OLIN, ESQ. and ELLIOT H. SCHERKER, ESQ. for
respondents.
Before STEVE LEVINE, PETER LOPEZ and LESTER LANGER, JJ.
After a review of Petition for Writ of Certiorari it is the
ruling of the majority that said Petition fails to state a
prima facie basis for relief.
PETITION IS DENIED.
COPIES FURNISHED TO COUNSEL
OF RECORD AND TO ANY PARTY
NOT REPRESENTED
OFF REC SK
18256PG0986
PCAWRlr:09/94
RECEIVED
MANDATE FRCJ.1 CIRCUIT COU~ SEP 28 AM /I: 51
ELEe~~~~Ig~~~s~~cuir 'i CLERK'S OFF ICE
DADE COUNTY, FLORIDA
APPEALS NO. 98-239AP
"CORRECTED"
WEST BAY PLAZA CONDOMINIUM
ASSOCIATION and PAUL PHINNEY,
Individually
APPELLANT/PETITIONER
vs
CITY OF MIAMI BEACH and THE
LOFTS AT SOUTH BEACH, INC.
APPELLEE/RESRONDENT
Th I s cause hav i ng been brought to th I S Court by appea I, and after c:ue
consideration the Court having issued Its opinion;
YOU ARE HEREBY COMMANDED that such further proceedings be had In selid
cause In accordance with the opinion of this COURT attached hereto clnd
I ncorporated as part of th I s order, and with the ru I es of procedure cl nd
laws of the STATE OF FLORIDA.
Case Number(s) 2626
WITNESS the Honorable Murray Go I ctnan, Adnlnlstrative Judge of the
Appel late Division of the Circuit Court of the Eleventh Judicial Circuit of
Florida and the seal of the said Circuit Court at Miami, 18th day of
Septenber, 1998.
By:
NOT FINAL UNTIL TIME EXPIRES
TO FILE RE-HEARING MOTION,
AND IF FILED DISPOSED OF.
IN THE CIRCUIT
THE ELEVENTH
CIRCUIT IN AND
COUNTY, FLORIDA.
COURT UF
JUDICIi'.L
FOR DAnE
WEST BAY PLAZA CONDOMINIUM
ASSOCIATION and PAUL PHINNEY,
individually,
Petitioner,
vs.
APPELLATE DIVISION
CASE NUMBER: 98-239AP
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LOWER COURT CASE NUMBER:
2626 ~~ ~
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CITY OF MIAMI BEACH and THE
LOFTS AT SOUTH BEACH, INC.,
Respondent.
- RECORDED
SE? - , 1998
'1'
/
Clerk 01 CifCUit,.
F.. County Court~
Opinion filed August 28, 1998.
A Petition for Writ of Certiorari from CITY OF MIAMI BEACH
BOARD OF ADJUSTMENT, Dade County, Florida.
SANTIAGO D. ECHEMENDIA, ESQ. for petitioner.
JEAN OLIN, ESQ. and ELLIOT H. SCHERKER, ESQ. for
respondents.
Before STEVE LEVINE, PETER LOPEZ and LESTER LANGER, JJ.
After a review of Petition for Writ of Certiorari it is the
ruling of the majority that said Petition fails to state a
prima facie basis for relief.
PETITION IS DENIED.
COPIES FURNISHED TO COUNSEL
OF RECORD AND TO ANY PARTY
NOT REPRESENTED
OFF REC SK
18256PG0986
PCAWRIr:09/94