City of Miami v. Juarez

Full title: CITY OF MIAMI, Appellant, v. JOSE A. JUAREZ and CRISTINO NIEVES, Appellees

Court: District Court of Appeal of Florida, Third District

Date published: Feb 11, 2004

875 So. 2d 642 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 3D01-2055, Consolidated: 3D01-1941.

Opinion filed February 11, 2004. Rehearing and Rehearing En Banc Denied June 16, 2004.

An appeal from the Circuit Court for Miami-Dade County, Jeffrey Rosinek, Judge. Lower Tribunal No(s). 01-161AP, 99-28701.

Alejandro Vilarello, City Attorney; Robert S. Glazier, for appellant.

Bennett H. Brummer, Public Defender, and John Eddy Morrison, Assistant Public Defender, for appellees.

Before GERSTEN, RAMIREZ, and WELLS, JJ.

PER CURIAM.

Affirmed. See City of Miami v. Wellman, No. 01-3050 (Fla. 3d DCA Feb. 4, 2004); Mulligan v. City of Hollywood, 28 Fla. L. Weekly D2265(Fla. 4th DCA Oct. 1, 2003); see also Dade County Sch. Bd. v. Radio Station WOBA, 731 So.2d 638 (Fla. 1999) (concluding that when faced with a decision to uphold or overturn a lower court's judgment, an appellate court must affirm the judgment if it is legally correct regardless of the reasons given by the trial court).

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF