Spierer v. City of North Miami Beach

COPE, Judge.

Appellants Victor Spierer, Herman Peset-sky, and Corky’s Restaurant, Inc. are customers of the City of North Miami Beach municipal water utility, who brought a class action to require the City to pay interest on customers’ deposits. The trial court dismissed the action with prejudice. We reverse.

The complaint alleged in substance that the customers occupy a debtor-creditor relationship with the City, and that the security deposits are a debt on which the City must pay interest at the statutory rate. The complaint also alleged that the failure to pay interest constituted an unfair…