FRIED v. CITY OF MIAMI BEACH

Nos. 68-77, 68-113.

212 So.2d 308 (1968)

Milton A. FRIED, Appellant, v. CITY OF MIAMI BEACH, a Municipal Corporation, Appellee. CITY OF MIAMI BEACH, a Municipal Corporation, Appellant, v. Milton A. FRIED, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied July 31, 1968.


Attorney(s) appearing for the Case

Milton A. Fried, Lester Engel, Rosen & Rothstein, Miami, for Fried.

Joseph A. Wanick, City Atty. and Scott, McCarthy, Steel, Hector & Davis and Phillip Goldman, Miami, for City of Miami Beach.

Before CHARLES CARROLL, C.J., and HENDRY and SWANN, JJ.


CHARLES CARROLL, Chief Judge.

The appellant, for himself and all others similarly situated, filed a complaint against the City of Miami Beach, seeking a decree invalidating ordinance No. 1619 of the City of Miami Beach, refunding amounts collected thereunder, granting an injunction against further collections, and awarding attorney fees.

Upon trial of the case on issue joined, the trial court held that the excise tax of the City of Miami Beach provided for...

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