CITY OF MIAMI BEACH v. SHELL'S CITY, INC.

No. 63-594.

157 So.2d 531 (1963)

CITY OF MIAMI BEACH, APPELLANT, v. SHELL'S CITY, INC., APPELLEE.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 3, 1963.


Attorney(s) appearing for the Case

Joseph A. Wanick, City Atty., Rothstein & Tumin, Miami, for appellant.

J.M. Flowers and Milton M. Ferrell, Miami, Sibley, Grusmark, Giblin, King & Levenson, Miami Beach, for appellee.

Before CARROLL, TILLMAN PEARSON and HENDRY, JJ.


PER CURIAM.

This is an interlocutory appeal from an order denying defendant's motion for summary decree.

We have carefully considered the briefs and record on appeal and concluded that appellant has failed to demonstrate that it is entitled to a summary decree at this point in the proceedings.

Accordingly we must affirm the order appealed.

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