STATE EX REL. GARDNER v. SAILBOAT KEY

Nos. 74-8, 74-9.

295 So.2d 658 (1974)

STATE of Florida ex rel. Frank C. Gardner et al., Appellants, v. SAILBOAT KEY, INC., et al., Appellees.

District Court of Appeal of Florida, Third District.

On Rehearing June 19, 1974.


Attorney(s) appearing for the Case

Paul & Thomson and Joseph Z. Fleming, William Huggett, Miami, for appellants.

Sams, Anderson, Alper, Spencer & Post, Sam Daniels, Horton & Perse, Miami, John S. Lloyd, City Atty., for appellees.

Robert L. Shevin, Atty. Gen., for amicus curiae.

Before PEARSON, CARROLL and HENDRY, JJ.


PER CURIAM.

The plaintiffs below filed an appeal (No. 74-8) and an interlocutory appeal (No. 74-9) from an order entered on motion of defendants to dismiss the plaintiffs' four-count complaint for declaratory judgment, and for supplemental injunctive relief.

In the order appealed from the court dismissed the complaint as to the first count with leave to amend [pursuant to which an amended first count later was filed], and dismissed the complaint as to the...

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