State ex rel. Ware v. City of Miami

CARROLL, CHAS., Chief Judge.

The appellee has moved to dismiss the appeal taken to this court, from an order quashing an alternative writ of mandamus, as lacking finality essential for appeal. The motion must be denied.

In the mandamus action in the circuit court the relator moved for the issuance of a peremptory writ notwithstanding the return. After hearing thereon the court made the following order:

“This cause is before the Court on motion for peremptory writ notwithstanding return. The only issue involved is the validity of subparagraph (d) of subsection 6.2 of City of Miami Ordinance No.…