SPIERER v. CITY OF NORTH MIAMI BEACH

No. 88-118.

560 So.2d 1198 (1990)

Victor SPIERER, Herman Pesetsky and Corky's Restaurant, Inc., Individually and On Behalf of Other Unnamed Persons Similarly Situated, Appellants, v. CITY OF NORTH MIAMI BEACH, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 25, 1990.


Attorney(s) appearing for the Case

Joseph C. Segor, Miami, Leff, Pesetsky & Zack and Walter Pesetsky, North Miami Beach, for appellants.

Howard B. Lenard, North Miami Beach, and Miriam Bensinger, for appellee.

Before HUBBART, BASKIN and COPE, JJ.


COPE, Judge.

Appellants Victor Spierer, Herman Pesetsky, and Corky's Restaurant, Inc. are customers of the City of North Miami Beach municipal water utility, who brought a class action to require the City to pay interest on customers' deposits. The trial court dismissed the action with prejudice. We reverse.

The complaint alleged in substance that the customers occupy a debtor-creditor relationship with the City, and that the security deposits are a debt on...

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