City of Miami Beach v. Dor Rich, Inc.
City of Miami Beach v. Dor Rich, Inc.
Opinion of the Court
This is an appeal from interlocutory orders granting- injunctions against the City of Miami Beach. The appeal was heard upon application for a constitutional writ; it was expedited pursuant to Rule 4.-5(g)(2), F.A.R., 32 F.S.A. The orders prevent the City from enforcing a zoning ordinance. The appellees are the tenants of Arthree, Inc. which is the owner of The Carriage House, an apartment hotel in Miami Beach.
An opinion of this court determining the validity of the zoning ordinance with which we are concerned was filed on November 21, 1972. See City of Miami Beach v. Arthree, Inc., Fla.App.1972, 269 So.2d 699. That opinion was reviewed upon petition for certiorari by the Supreme Court of Florida
The appellees as tenants of the prior litigant were represented in the prior suit. This court’s rulings in City of Miami Beach v. Arthree, Inc., supra, under the doctrine of stare decisis control the instant action in the trial court. Rott v. City of Miami Beach, Fla.1957, 94 So.2d 168; Metropolitan Dade County v. E. B. Elliott Advertising Co., Fla.App. 1968, 214 So.2d 511.
Further, the appellees as the tenants of Arthree, Inc. are barred by the doctrines of res judicata and estoppel by judgment from relitigating the same issues tried in Arthree, Inc., supra. Although they were not parties in that case, their claims are derived from their landlord. Cf. Hay v. Salisbury, 92 Fla. 446, 109 So. 617 (1926).
The injunctive orders should not have been granted where there was a substantial dispute as to the legal rights involved, and the appellees’ right is not only very doubtful but contrary to the law in view of the prior decisions of this court in Arthree, Inc. Granting these injunctions in this case is tantamount to the issuance of a judicial license to the appellees to operate illegally in the face of this court’s decision holding the zoning ordinance valid.
The orders enjoining the City of Miami Beach from enforcing the zoning ordinance are reversed. The time for filing
Reversed.
. 276 So.2d 166 (1973).
. Arthree, Inc. v. Kaskel, 414 U.S. 859, 94 S.Ct. 70, 38 L.Ed.2d 109 (1973).
Reference
- Full Case Name
- CITY OF MIAMI BEACH, etc. v. DOR RICH, INC., etc.
- Cited By
- 1 case
- Status
- Published