Legal Opinion · Dissent

City of Miami v. Chalks Airlines, Inc.

District Court of Appeal of Florida

Decided February 8, 2012No. 3D11-1339Published

1DissentShepherd, J.

I respectfully dissent. This is an appeal from a non-final order by a successor trial judge granting rehearing and vacating a predecessor judge’s “Order of Final Judgment,” which provided that the appellants, the City of Miami and the Miami Sports and Exhibition Authority (MSEA), were entitled to final judgment on Count II of their counterclaim and issuance of a writ of immediate possession of the leasehold estate from the appellee, Chalks Airlines, Inc. The successor trial judge entered the order on appeal on motion of Chalks Airlines, on the basis the predecessor judge “abused his…

2Cases cited4 opinions

  1. Groover v. WalkerSupreme Court of Florida · 1956
  2. Better Const., Inc. v. Camacho Enterprises, Inc.District Court of Appeal of Florida · 1975
  3. Batista v. BatistaDistrict Court of Appeal of Florida · 1989
  4. Jauregui v. Bobb's Piano Sales & Service, Inc.District Court of Appeal of Florida · 2006

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