CITY OF MIAMI BEACH v. LINCOLN INVESTMENTS, INC.

No. 68-138.

214 So.2d 496 (1968)

CITY OF MIAMI BEACH, a Municipal Corporation, Jay Dermer, Mayor, Malvin Englander, Norman Ciment, Joseph Malek, D. Lee Powell, Paul Seiderman & Leonard O. Weinstein, Councilmen of the City of Miami Beach, and Ruth Rouleau, City Clerk, Appellants, v. LINCOLN INVESTMENTS, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied October 25, 1968.


Attorney(s) appearing for the Case

Joseph A. Wanick, City Atty., and Ira M. Elegant, Asst. City Atty., for appellants.

Kastenbaum, Mamber, Gopman, Epstein & Miles, Miami Beach, for appellee.

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


PEARSON, Judge.

The City of Miami Beach, its mayor, city councilmen, and city clerk appeal a peremptory writ of mandamus which ordered the city council to change the liquor zoning district in which the appellee's restaurant is located to one in which service bar licenses are permitted. The court entered no formal judgment before it issued the writ, although the entry of a formal judgment is part of the usual procedure to be followed by a court before it issues a peremptory...

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