Frewer v. City of Miami Beach

This cause was originally before this court on an appeal from a final order dismissing the appellee City of Miami Beach as a defendant in a common law action, seeking damages as a result of alleged unlawful tortious acts of certain of its police officers.

From the face of the amended complaint, it was apparent that no notice was given to the City, pursuant to the provisions of § 45 of the Charter of the City of Miami Beach [being § 7 of Ch. 27738 of the Special Acts of 1951].

We affirmed the action of the trial judge upon the authority of Rabinowitz v. Town of Bay Harbor Islands, Fla.App.1964,…