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File Ref. #102 CUltK- ftcF / q,2 - ~r 22./ /?" 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~ By: t:J;t;:;; r~ ~.c. ) 7) J OLGA P. RC I A , . . ,. " ",,;./~1"/ ~ \ " '\:-" /. ' I 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 ~ <.0 ; co LOWER COURT CASE NUM~ER: ~n w ~ 'P': '''::'.J 2626 ~c c c:' G"> co'" ::. S2 ", ;:..r:~ CP -r1 .- .--- ;"'\ L] ,~ RECORDED \ ct:p - , '993 .J 1..\ ~ T\ :') (.::;> ::D CJ ~ CITY OF MIAMI BEACH and THE LOFTS AT SOUTH BEACH, INC., Respondent. r .. ~~- ('.) ,. e.n ,[I / 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 ~ c..D ~~ (j) LOWER COURT CASE NUMBER: 2626 ~~ ~ V' ; c:: c., - c;I c:'" ::S; N r 'r: . cJ:> -n r==- "-1'1 '..::-.J ;\ .,.._~-} TJ ~~'- ~ .--- '." cp ~_ N ;c c.1l -'[I C) (.::;1 ::D o 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