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CITY OF MIAMI BEACH v. STERIN

No. 68-132.

214 So.2d 358 (1968)

CITY OF MIAMI BEACH, a Municipal Corporation, Appellant, v. Harold STERIN, for Himself and All Others Similarly Situated, and Montmartre, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida. Third District.

October 1, 1968.

Attorney(s) appearing for the Case

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

Weintraub & Weintraub and Joseph H. Weil, Miami, for appellee, Sterin.

Shalle Stephen Fine, Miami, for appellee, Montmartre, Inc.

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

PER CURIAM.

The City of Miami Beach is the appellant. Appellee Harold Sterin was the plaintiff in an action brought in the circuit court to declare invalid a resort tax passed by the city. Appellee Montmartre, Inc., operates a hotel in the city. It was a defendant but later filed an answer in the nature of an interpleader and was allowed to deposit in the registry of the court money collected under the tax.

In Fried v. City of Miami Beach, Fla. App. 1968,...

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