City of Cape Coral v. State

Full title: CITY OF CAPE CORAL, FLORIDA, ET AL., APPELLANT, v. STATE OF FLORIDA, UPON…

Court: Supreme Court of Florida

Date published: Jan 31, 1973

272 So. 2d 484 (Fla. 1973)

Opinion

No. 41997.

January 31, 1973.

Appeal from Circuit Court, Lee County; Thomas W. Shands, Judge.

Clyde G. Killer, Fort Myers, for appellant.

Hugh E. Starnes, of Henderson, Franklin, Starnes Holt, Fort Myers, for appellees.

PER CURIAM:

Affirmed.

CARLTON, C.J., ROBERTS, McCAIN and DEKLE, JJ., and LEE, Circuit Judge, concur.

ERVIN and BOYD, JJ., dissent in part and concur in part. (See opinion by ERVIN, J., in State ex rel. Lee et al. v. City of Cape Coral, Florida and City of Cape Coral, Florida v. State ex rel. Jeffcott et al. Fla., 272 So.2d 481, filed January 31, 1973.)