Legal Opinion
City of Miami Beach v. Cummings
District Court of Appeal of Florida
Decided September 8, 1970No. Nos. 70-1, 70-2PublishedCited by 5 opinions
1Opinion of the Court
PEARSON, Chief Judge.
These appeals by the City of Miami Beach are from judgments each of which awarded attorney’s fees to a landowner after the dismissal of proceedings in eminent domain. The city brought a suit to take the appellees’ property, but because the awards were higher than the city’s available money the city abandoned the proceeding. See City of Miami Beach v. Cummings, Fla.App.1969, 228 So.2d 109, where an award of attorney’s fees in that suit was affirmed.
Later the city brought the present suit to condemn the same land for the same purpose. The second suit was dismissed upon the…
2Cases cited3 opinions
- State Ex Rel. Paoli v. BaldwinSupreme Court of Florida · 1947
- City of Hallandale v. ChatlosSupreme Court of Florida · 1970
- City of Miami Beach v. CummingsDistrict Court of Appeal of Florida · 1969
3Cited by5 opinions
- Estate of Hampton v. Fairchild-Fla. Const. Co.Supreme Court of Florida · 1976
- Cobb v. Insured LloydsLouisiana Court of Appeal · 1980
- Dade County v. Oolite Rock CompanyDistrict Court of Appeal of Florida · 1975
- City of Miami Beach v. ManilowDistrict Court of Appeal of Florida · 1971
- Division of Administration State Department of Transportation v. Ideal Holding Co.District Court of Appeal of Florida · 1985