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: Apr 23, 2008

981 So. 2d 527 (Fla. Dist. Ct. App. 2008)

Opinion

Nos. 3D01-2055, 3D01-1941.

April 23, 2008.

An Appeal from the Circuit Court for Miami-Dade County, Jeffrey Rosinek, Judge.

Jorge L. Fernandez, City Attorney, and Warren Bittner, Assistant City Attorney; Robert S. Glazier, for appellant.

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

Before GERSTEN, C.J., and RAMIREZ, and WELLS, JJ.

ON REMAND

WELLS, J.

This matter is before us for reconsideration upon remand from the Florida Supreme Court. See City of Miami v. Juarez, 875 So.2d 642 (Fla. 3d DCA 2004), vacated, 944 So.2d 249 (Fla. 2006). The City of Miami appeals from two virtually identical orders finding the City's vehicle impoundment ordinance unconstitutional. On authority of City of Miami v. Wellman, 976 So.2d 22 (Fla. 3d DCA 2008), we affirm.