STATE EX REL. WARE v. CITY OF MIAMI

No. 58-445.

107 So.2d 385 (1958)

STATE of Florida ex rel. Lorene WARE d/b/a Lullaby Nursery, and Eve Altman d/b/a My Lucky Starlet Kindergarten Nursery, Appellants, v. CITY OF MIAMI, Appellee.

District Court of Appeal of Florida. Third District.

October 23, 1958.


Attorney(s) appearing for the Case

Robert H. Givens, Jr., Miami, for appellants.

William L. Pallot and Edward J. Fitzpatrick, Miami, for appellee.


CARROLL, CHAS., Chief Judge.

The appellee has moved to dismiss the appeal taken to this court, from an order quashing an alternative writ of mandamus, as lacking finality essential for appeal. The motion must be denied.

In the mandamus action in the circuit court the relator moved for the issuance of a peremptory writ notwithstanding the return. After hearing thereon the court made the following order:

"This cause is before the Court on motion for...

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