City of Miami v. Aeroland Oil Co.

SWANN, Judge.

The City of Miami has taken this interlocutory appeal from an order in which the chancellor struck its motion to dismiss *32and gave it ten days in which to file a responsive pleading.

The plaintiff, Aeroland Oil Company, had filed its complaint in equity, seeking to enjoin the City from requiring it to have a wholesale gasoline and oil distributor’s license. The City filed its motion to dismiss and the chancellor entered his order striking the motion for failure to comply with Rule 1.11(b) of the Florida Rules of Civil Procedure, 30 F.S.A. as amended January 1, 1966, and granting…