THE CITY OF MIAMI BEACH, A MUNICIPALITY CREATED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, PETITIONER,
v.
RALPH LACHMAN AND JEAN LACHMAN, RESPONDENTS
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The Florida Supreme Court granted a petition for rehearing and quashed a prior order denying a motion to dismiss, holding that the amended complaint failed to state a cause of action. This decision was based on prior related litigation concerning lands in the same area.
The amended bill of complaint failed to state a cause of action and should have been dismissed. The Court receded from its prior denial of certiorari.
“Upon applying the holdings of these cases to the amended bill of complaint in the case before us, we are now led to the conclusion that the amended bill of complaint failed to state a cause of action and should have been dismissed.”
This quote establishes the core legal conclusion of the court regarding the sufficiency of the complaint.
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Join FLexlaw to unlock all legal intelligenceThe City of Miami Beach filed a petition for a writ of certiorari. The Court had previously denied this petition without opinion. Upon rehearing, the …
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PER CURIAM.
On November 18, 1955, petition for writ of certiorari was denied without opinion. Upon petition for rehearing we have reexamined the entire record in the light of the extensive litigation affecting lands in the particular area where the land involved in this cause is situated. The court is thoroughly familiar with the history of this litigation as reflected by our opinions in City of Miami Beach v. Hogan, Fla., 63 So. 2d 493; City of Miami Beach v. Elsalto Real Estate, Inc., Fla., 63 So. 2d 495; City of Miami Beach v. Lachman, Fla., 71 So. 2d 148; and City of Miami Beach v. Kay, Fla., 71 So. 2d 725. Upon applying the holdings of these cases to the amended bill of complaint in the case before us, we are now led to the conclusion that the amended bill of complaint failed to state a cause of action and should have been dismissed.
We, therefore, recede from our previous order denying the petition for certiorari, and the petition is hereby granted, and the order denying the motion to dismiss the amended complaint is hereby quashed, with directions to the lower court to enter an order dismissing the amended complaint.
DREW, C. J., and THOMAS, THOR-NAL and O’CONNELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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City OF Miami Beach v. Prevatt, 97 So. 2d 473 (Fla. 1957)…apartment property to the south from the residential area to the north. The case of City of Miami Beach v. Lachman made its second appearance in this Court in 1956 and was disposed of by per curiam opinion. City of Miami Beach v. Lachman, Fla.1956, 85 So. 2d 226. In the per curiam opinion we acknowledged our familiarity with the history of the zoning litigation of Miami Beach affecting this large area of land and held that in applying the holdings of this Court in the numerous cases referred to therein, and…
Authorities Cited
- City of Miami Beach v. Lachman, 71 So. 2d 148 (Fla. 1953)
- City of Miami Beach v. Hogan, 63 So. 2d 493 (Fla. 1953)
- City OF Miami Beach v. Elsalto Real Est., Inc., 63 So. 2d 495 (Fla. 1953)
- City of Miami Beach v. KAY, 71 So. 2d 725 (Fla. 1953)