COLE v. OKA

No. 60-608.

131 So.2d 757 (1961)

Albert COLE and Frieda L. Cole, his wife, Appellants, v. Kenneth OKA, as Mayor and Councilman of the City of Miami Beach, Florida, Bernard A. Frank, Marcie Lieberman, Harold B. Spaet, Harold Shapiro, Melvin J. Richard, D. Lee Powell, Members of the City Council in and for the City of Miami Beach, Florida, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied July 13, 1961.


Attorney(s) appearing for the Case

Morris Berick, Miami Beach, for appellants.

Joseph A. Wanick, City Atty., Miami Beach, for appellees.

Before HORTON, C.J., and PEARSON and CARROLL, CHAS., JJ.


PER CURIAM.

This is the second appearance of this case before this court.1 In the prior appeal, an order of dismissal was reversed upon the basis that the bill of complaint stated a cause of action and required an answer by the appellees. Upon remand, an answer was filed by the appellees, and testimony and evidence received by the chancellor, resulting in the entry of the order of dismissal appealed. In dismissing the complaint, the chancellor...

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