SOUTHERN GULF UTILITIES, INC., A FLORIDA CORPORATION, APPELLANT,
v.
CITY OF NORTH MIAMI BEACH, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
WHEREAS, the judgment of this court was entered on November 25, 1975 (323 So. 2d 669) affirming in part and reversing in part the judgment of the Circuit Court of Dade County, Florida in the above styled cause, and WHEREAS, on review of this court’s judgment, by certiorari, the Supreme Court of Florida by its opinion and judgment filed October 7, 1976 (339 So. 2d 173) and mandate now lodged in this court quashed a portion of this court’s judgment,
NOW, THEREFORE, It is Ordered that the mandate of this court issued in this cause on January 14,1976 is withdrawn, the opinion and judgment of this court filed November 25, 1975 insofar as it is in conflict with or fails to conform to the views expressed in the said opinion and judgment of the Supreme Court of Florida aforesaid is withdrawn and vacated, and the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court. The opinion and judgment of this court, except as withdrawn and vacated aforesaid, is adhered to. Costs allowed shall be taxed in the Circuit Court (Rule 3.16(b), Florida Appellate Rules).
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Killearn Props., Inc. v. City OF Tallahassee, 366 So. 2d 172 (Fla. 1st DCA 1979)…t. . Affirmed in part and quashed in part upon certiorari being granted by the Supreme Court. See City of North Miami Beach v. So. Gulf Utilities, Inc., 339 So. 2d 173 (Fla.1976). See also Southern Gulf Utilities, Inc. v. City of North Miami Beach, 340 So. 2d 983 (Fla. 3rd DCA 1977). . Ibid. . In that regard the street lights are not different from the utility poles, wires, transformers, etc., which the City impliedly agreed to furnish, without extra charge, in contemplation of distributing and selling ene…
Authorities Cited
- City OF N. Miami Beach v. S. Gulf Utils., Inc., 339 So. 2d 173 (Fla. 1976)
- S. Gulf Utils., Inc. v. City OF N. Miami Beach, 323 So. 2d 669 (Fla. 3d DCA 1975)