Legal Opinion

Heinlein v. Metropolitan Dade County

District Court of Appeal of Florida

Decided December 10, 1968No. 68-449PublishedCited by 4 opinions

1Opinion of the Court

PEARSON, Judge.

The appellants, Edsel and Clara Heinlein, filed a complaint against the appellee, Metropolitan Dade County, seeking a declaratory judgment holding Dade County’s Minimum Housing Standards Ordinance unconstitutional. The County filed a motion to dismiss but did not file an answer. Subsequently it filed a motion for summary judgment which the court granted. In effect this was a declaratory judgment against the appellants upon some of their contentions. In addition the judgment contained a finding that other attacks on the ordinance presented no justi-ciable controversy. The court…

2Cases cited3 opinions

  1. Pancoast v. PancoastDistrict Court of Appeal of Florida · 1957
  2. R-C-B-S Corp. v. City of Atlantic BeachDistrict Court of Appeal of Florida · 1965
  3. Banyan Cafeterias, Inc., 3 v. Faith Lutheran Church of HialeahDistrict Court of Appeal of Florida · 1962

3Cited by4 opinions

  1. Williams v. Bay Hosp., Inc.District Court of Appeal of Florida · 1985
  2. Harper v. Continental Can Co.District Court of Appeal of Florida · 1982
  3. Heinlein v. Metropolitan Dade CountyDistrict Court of Appeal of Florida · 1970
  4. Newkirk v. Balboa Insurance Co.District Court of Appeal of Florida · 1981

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