KARLIN v. CITY OF MIAMI BEACH


113 So.2d 551 (1959)

Abbott A. KARLIN and Rubin Wollowick, Petitioners, v. CITY OF MIAMI BEACH and Oscar Markovich, Respondents.

Supreme Court of Florida.

Rehearing Denied August 11, 1959.


Attorney(s) appearing for the Case

Anderson & Nadeau, Miami, for petitioners.

Ben Shepard, Miami, and Joseph A. Wanick, Miami Beach, for respondent City of Miami Beach.

Williams & Salomon, Miami, for respondent Oscar Markovich.


THORNAL, Justice.

Petitioners who were plaintiffs in the trial court ask us to review by certiorari a decision of the District Court of Appeal, Third District, which affirmed an order of the trial judge sustaining a motion to dismiss the original complaint.

We must determine whether the instant proceeding is so patently frivolous as to make it subject to a motion to quash under Rule 3.9(b), Florida Appellate Rules, 31 F.S.A.

Petitioner Karlin as a...

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