CITY NATIONAL BANK OF MIAMI AND CITY OF MIAMI, A FLORIDA MUNICIPAL CORPORATION, PETITIONERS,
v.
SAVE BRICKELL AVENUE, INC., RESPONDENT
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The dissenting opinion argues that a settlement agreement between the City of Miami and the Dolphins was valid and enforceable, despite the city's attempt to repudiate it after ratification.
The dissenting judge believes the settlement agreement was binding and enforceable, likening the situation to a prior case where a party was held to an agreement despite a unilateral misunderstanding.
The City of Miami Commission ratified a settlement agreement with the Dolphins during a public meeting, and the parties exchanged letters of acceptanc…
The full statement of facts, procedural history, and disposition for this case are member content.
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. Unexpressed in the cited opinion was the fact that the ordinance we held unconstitutional contained its own definitions to be applied when construing the words therein. These definitions gave a permissive construction to the word “may,” a point which we deem controlling. Ervin v. Capital Weekly Post, Inc., 97 So. 2d 464 (Fla.1957); Greenleaf & Crosby Co. v. Coleman, 117 Fla. 723, 158 So. 421 (1934). For this same reason, Seaboard Air Line Railway Co. v. Wells, 100 Fla. 1027, 130 So. 587, 593 (1930) (“[Wjhere a statute says a thing ‘may’ be done by a public official which is for the public benefit, it is to be construed that it must be done.”) is inapposite.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Seaboard Air Line Ry. Co. v. Wells, 100 Fla. 1027 (Fla. 1930)
- Ervin v. Cap. Weekly Post, Inc., 97 So. 2d 464 (Fla. 1957)
- Greenleaf & Crosby Co., Inc. v. Coleman, 117 Fla. 723 (Fla. 1934)
- Carner v. Carner, 426 So. 2d 1100 (Fla. 3d DCA 1983)