Opinion
Case No. 96-2420
Opinion filed April 2, 1997.
An Appeal from the Circuit Court for Dade County, Gisela Cardonne, Judge.
LOWER TRIBUNAL NO. 95-12101
Gelb Spatz and Monroe Gelb, for appellant.
Robert A. Ginsburg, County Attorney and Karon M. Coleman, Assistant County Attorney, for appellees.
Before SCHWARTZ, C.J., and COPE and GERSTEN, JJ.
The final order under review shall be amended to provide for the appellant to recover the $1,507.00 mistakenly paid the county plus interest from the date of the payment, 39 Fla.Jur.2d Payment and Tender § 44 (1982), and is otherwise affirmed. See Club on the Bay, Inc. v. City of Miami Beach, 439 So.2d 325 (Fla. 3d DCA 1983), pet. for review denied, 449 So.2d 264 (Fla. 1984); 22 Fla.Jur.2d Estoppel and Waiver § 55 (1980).
Affirmed as amended.