City of Miami Beach v. State ex rel. Fontainebleau Hotel Corp.

Appellee, the relator in a mandamus action in the circuit court, was granted a judgment for a peremptory writ requiring the City of Miami Beach to permit construction of a planned addition to its hotel. On an appeal to this court the judgment was affirmed. The facts of the case, and the questions raised and passed upon are set out in our opinion filed January 29, 1959.

After the city had filed its appeal in this court, the appellee moved for an order requiring the city to post a supersede-as bond, stressing the adverse effect which would be caused to the appellee by delay in proceeding with…