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KENDEL v. CITY OF MIAMI

No. 73-321.

281 So.2d 566 (1973)

Harry KENDEL et al., Appellants, v. CITY OF MIAMI, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 12, 1973.

Attorney(s) appearing for the Case

Sibley, Giblin, Levenson & Ward and Allan M. Glaser, Miami Beach, for appellants.

Alan H. Rothstein, City Atty., and S.R. Sterbenz, Asst. City Atty., for appellee.

Before PEARSON, HENDRY and HAVERFIELD, JJ.

PEARSON, Judge.

The counterdefendants appeal a partial summary judgment which held them liable under an ordinance providing for a license fee. It is contended that there is a genuine issue of material fact as to the validity of the ordinance. We agree and reverse. See City of Coral Gables v. Sackett, Fla. App. 1971, 253 So.2d 890.

Appellee urges that the issue was laid to rest by an affidavit supplementing the minutes of...

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