Bonded Rental Agency, Inc. v. City of Miami

I respectfully dissent from the majority opinion in this cause, which affirms an order of a chancellor joining a party as a defendant either after or at the same time he entered a final summary judgment in the plaintiff’s favor.

The record on appeal reveals the following: That the original plaintiff, Abe Schonfeld, instituted a chancery action seeking to enjoin a prosecution in the municipal court of the City of Miami, which prosecution was alleged to be illegal upon two grounds: 1. That it was based on an illegal ordinance; or 2. If the ordinance was valid, the plaintiff was not a person to…