City of Miami Beach v. Morgan

SEBRING, Justice.

John P. Morgan instituted a suit in the Circuit Court of Dade County to enjoin the City of Miami Beach from collecting license taxes under an ordinance enacted by the City. Based on the allegations of the bill the. court issued a restraining order temporarily enjoining the City as prayed. Subsequently the court granted a motion to dismiss the complaint on the ground that the complaint failed to state, a claim upon which relief could be granted. This, order, which was entered on February 11, 1953, contained the following adjudications:

“(1) That the plaintiff’s 'Complaint for…