CLARK V. MIAMI BEACH

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D., 2002 THE CLARK CONSTRUCTION GROUP INC., ** ** Appellant, ** vs. CASE NO. 3D01-2231 ** THE CITY OF MIAMI BEACH, ** LOWER TRIBUNAL NO. 96-22139 Appellee. ** Opinion filed July 17, 2002. An Appeal from the Circuit Court for Miami-Dade County, Ronald M. Friedman, Judge. George, Hartz, Lundeen, Fulmer, Johnstone, King & Stevens, and Charles M.P. George, and Mitchell L. Lundeen, and Michael L. Glass, for appellant. Butler Burnette Pappas, and Scott J. Frank, for appellee. Before GERSTEN, SHEVIN, and SORONDO, JJ. PER CURIAM. Affirmed. See Dr. Phillips, Inc. v. L & W Supply Corp., 790 So. 2d 539, 545 (Fla. 5th DCA 2001); Hoskins v. Midland Insurance Co., 395 So. 2d 1159, 1161 (Fla. 3d DCA 1981). 2

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