Pestle v. City of Miami

Full title: William PESTLE, Ph.D., Appellant, v. CITY OF MIAMI, et al., Appellees.

Court: District Court of Appeal of Florida, Third District.

Date published: Jan 25, 2017

208 So. 3d 1253 (Fla. Dist. Ct. App. 2017)

Opinion

No. 3D15–2050

01-25-2017

William PESTLE, Ph.D., Appellant, v. CITY OF MIAMI, et al., Appellees.

Ralf Brookes (Cape Coral); Robert N. Hartsell and Sarah M. Hayter (Pompano Beach), for appellant. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., and Eugene Stearns, Grace L. Mead, Maria A. Fehretdinov and Veronica L. de Zayas, for MDM Development, LLC, and MDM Retail, Ltd.; Victoria Méndez, City Attorney, and Forrest L. Andrews, Assistant City Attorney, for City of Miami, appellees.

PER CURIAM.

Ralf Brookes (Cape Coral); Robert N. Hartsell and Sarah M. Hayter (Pompano Beach), for appellant.

Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., and Eugene Stearns, Grace L. Mead, Maria A. Fehretdinov and Veronica L. de Zayas, for MDM Development, LLC, and MDM Retail, Ltd.; Victoria Méndez, City Attorney, and Forrest L. Andrews, Assistant City Attorney, for City of Miami, appellees.

Before EMAS and SCALES, JJ., and SHEPHERD, Senior Judge.

PER CURIAM.

Affirmed. See Sarasota Citizens for Responsible Gov't v. City of Sarasota , 48 So.3d 755 (Fla. 2010) (finding private negotiations between deputy county administrator and members of the county board of commissioners, conducted for purposes of developing memorandum of understanding, did not violate Sunshine Law as no final action was taken and any violation would have been cured by subsequent publically noticed meeting of the board); Tolar v. Sch. Bd. of Liberty Cnty. , 398 So.2d 427, 429 (Fla. 1981) ("The Board's action was not merely a ceremonial acceptance of secret actions and was not merely a perfunctory ratification of secret decisions at a later meeting open to the public.").