City of North Miami Beach v. State Ex Rel. Watson

SEBRING, J.:

The sole question before us is whether the judgment of ouster entered on demurrer to the amended answer of respondent was proper.

The amended answer denied material allegations of the information and also included much other matter set up by way of an affirmative defense.

The judgment of the lower court must be reversed on authority of our opinion in The City of Ormond, v. State of Florida, ex rel., J. Tom Watson, Attorney General, 12 So. (2nd) 114, filed February 19, 1943, and not yet appearing in the bound volume of the Florida Reports. In that opinion the Court, speaking through…