CITY OF MIAMI V. JUAREZ

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Third District Court of Appeal State of Florida, January Term, A.D. 2008 Opinion filed April 23, 2008. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D01-2055 Consolidated: 3D01-1941 Lower Tribunal Nos. 01-161AP, 99-28701 & 00-30698 ________________ City of Miami, Appellant, vs. Jose A. Juarez and Cristino Nieves, Appellees. An Appeal from the Circuit Court for Miami-Dade County, Jeffrey Rosinek, Judge. Jorge L. Fernandez, City Attorney, and Warren Bittner, Assistant City Attorney; Robert S. Glazier, for appellant. Bennett H. Brummer, Public Defender, and John Eddy Morrison, Assistant Public Defender, for appellees. Before GERSTEN, C.J., and RAMIREZ, and WELLS, JJ. ON REMAND WELLS, J. This matter is before us for reconsideration upon remand from the Florida Supreme Court. See City of Miami v. Juarez, 875 So. 2d 642 (Fla. 3d DCA 2004), vacated, 944 So. 2d 249 (Fla. 2006). The City of Miami appeals from two virtually identical orders finding the City s vehicle impoundment ordinance unconstitutional. On authority of City of Miami v. Wellman, 976 So. 2d 22 (Fla. 3d DCA 2008), we affirm. 2

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