Southland General Builders, Inc. v. City of Miami Beach

RAY PEARSON, Circuit Judge.

This cause came on to he heard upon final hearing on plaintiffs’ application for a permanent injunction. The court, heretofore, hy its order of January 10, 1963, denied plaintiffs’ application for a temporary injunction on the ground that the ordinance sought to be declared unconstitutional by plaintiffs could not be held void or unconstitutional per se, Singer v. Ben How Realty, Inc., 33 So.2d 409, and thus the issuance of an injunction pendente lite would be inappropriate until the defendant had answered and a hearing could be held before the court on the merits.

In…