NESBITT v. CITY OF MIAMI

No. 75-9.

314 So.2d 806 (1975)

Tom NESBITT, d/b/a Bowl Bar and the City of Miami Bar Owners Association, a Voluntary Unincorporated Association, Appellants, v. The CITY OF MIAMI, a Municipal Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 22, 1975.


Attorney(s) appearing for the Case

Joseph M. Fitzgerald and Michael Fitzgerald, Miami, for appellants.

John S. Lloyd, City Atty., and S.R. Sterbenz, Asst. City Atty., for appellee.

Before PEARSON, HENDRY and HAVERFIELD, JJ.


PER CURIAM.

Appellants, who were the plaintiffs below, brought an action seeking to enjoin the City of Miami from the enforcement of the City ordinance which requires bars to close after 7:00 p.m. on Sunday. The trial court determined that the complaint did not state a legal basis for the injunction sought and, therefore, dismissed the complaint. Our examination of the complaint and the motion to dismiss reveals that the court properly determined that the complaint...

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