Kendel v. City of Miami

PEARSON, Judge.

The counterdefendants appeal a partial summary judgment which held them liable under an ordinance providing for a license fee. It is contended that there is a genuine issue of material fact as to the validity of the ordinance. We agree and reverse. See City of Coral Gables v. Sackett, Fla.App.1971, 253 So.2d 890.

Appellee urges that the issue was laid to rest by an affidavit supplementing the minutes of the City Commission. The affidavit was filed two days after the hearing upon the motion for partial summary judgment. See Coquina Ridge Properties v. East West Company,…