NOTTINGHAM ASSOC. v. CITY OF MIAMI

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Docket Number

No. 81-2706.

Attorney(S)

Norman Malinski, Miami, for petitioners. George F. Knox, Jr., City Atty. and Terry V. Percy, Deputy City Atty. and Beatriz Bru, Asst. City Atty., for respondent.

Judges

PER CURIAM.

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NOTTINGHAM ASSOCIATES, A FLORIDA GENERAL PARTNERSHIP CONSISTING OF HENDRY SPIEGEL, ANN SPIEGEL AND WALTER WEKSTEIN, TRUSTEE OF THE DIANE BIRDMAN IRREVOCABLE TRUST, PETITIONERS, v. CITY OF MIAMI, A FLORIDA MUNICIPAL CORPORATION AND GERARDO SALMAN, AS DIRECTOR OF THE DEPARTMENT OF BUILDING AND ZONING OF THE CITY OF MIAMI BUILDING DEPARTMENT, ZONING ENFORCEMENT, RESPONDENT.

PER CURIAM.

The respondent, City of Miami, confessed error before this Court at time of oral argument. Its position, with respect to both of the alternative theories that the document sought to be protected was either work product or not subject to Chapter 119, Florida Statutes (The Florida Public Record Act), is, in the court's view, frivolous and utterly without merit.

Accordingly, certiorari is granted and fees in amount of $2,000.00 are awarded to the petitioner pursuant to Section 57.105, Florida Statutes (1978) and Section 119.12, Florida Statutes (1975).

Certiorari granted.

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