TOWN OF MEDLEY, FLORIDA, A MUNICIPAL CORPORATION AND A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLANT,
v.
GEORGE CAPLAN, SOLOMON CAPLAN AND ALBERT CAPLAN, APPELLEES
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The court held that a municipal ordinance declared unconstitutional by the trial court must be reversed because it was not properly admitted into evidence.
Plaintiff sought to compel compliance with a municipal ordinance regulating junk yards. The trial court granted a permanent injunction and declared th…
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Plaintiff, Medley, filed a complaint in chancery seeking, inter alia, to compel the defendants to comply with a certain municipal ordinance, No. C-16, pertaining to the operation of “junk yards.” The defendants, who claimed to operate an “auto wrecking used car and parts business,” obtained a temporary injunction against the Town. A final decree was subsequently entered, making permanent the temporary injunction and declaring, inter alia, Ordinance C-16 to be unconstitutional. Medley now appeals from this final decree.
Although a copy of Ordinance C-16 was attached to the complaint, it is conceded by both parties that it was never properly admitted into evidence during trial.
Municipal ordinances must be proven and the courts may not take judicial knowledge of them, as they may statutory law. Conrad v. Jackson, Fla.1958, 107 So.2d 369; State ex rel. Kay v. City of Miami, 158 Fla. 26, 27 So.2d 413 (1946) ; Stephens v. Anderson, 75 Fla. 575, 79 So.2d 205 (1918).
That portion of the decree which declared Ordinance No. C-16 of the Town of Medley, Florida, unconstitutional is reversed, because the ordinance was not properly before the court.
No other reversible error having been shown, the remainder of the final decree is affirmed.
Affirmed in part, reversed in part.
It is so ordered.
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State v. Holmes, 256 So. 2d 32 (Fla. 2d DCA 1971)…ns v. Anderson, 1918, 75 Fla. 575, 79 So. 205; City of Miami v. Thigpen, 1943, 151 Fla. 800, II So. 2d 300; Conrad v. Jackson, Fla.1959, 107 So. 2d 369; Wilkins v. Tebbetts, Fla.App.3d 1968, 216 So. 2d 477; Town of Medley v. Caplan, Fla.App.3d 1966, 191 So. 2d 449. The Florida Bar, Evidence in Florida (Florida Practice Manual No. 13, 1971), §§ 2.7, 11.4. . Tipp v. Dist. of Columbia, 1939, 69 App. D.C. 400, 102 F. 2d 264. . Annot., 5 A. & E. Ann.Cas. 614 (1907). Cf. Annot., 111 A.L.R. 959 (1937). . 9 Wigmor…
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Brown v. Brown, 315 So. 2d 15 (Fla. 3d DCA 1975)…. Escobar, Fla.App.1974, 300 So. 2d 702. We find no abuse of discretion in this regard. A party challenging a child support or alimony ruling has the burden of clearly showing that it represents an abuse of discretion. Morse v. Morse, Fla.App.1966, 191 So. 2d 449. Since this is a matter within the sound judicial discretion of the trial judge, an appellate court is not prone to substitute its judgment for that of the trial judge unless it affirmatively appears that the trial judge abused his discretion. Meltz…
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Holmes v. State, 273 So. 2d 753 (Fla. 1972)…where that court had the duty to enforce the ordinance. The District Court of Appeal, Third District, has specifically applied the rule against a court taking judicial cognizance of municipal ordinances to a trial court in Town of Medley v. Caplan, 191 So. 2d 449 (Fla.App.3d, 1966), when the District Court determined that the trial court had, inter alia, held to be unconstitutional an ordinance not entered into evidence before the trial court. In Wilkins v. Tebbetts, 216 So. 2d 477 (Fla.App.3d, 1968), and Ap…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Conrad v. Jackson, 107 So. 2d 369 (Fla. 1958)
- State v. City OF Miami, 158 Fla. 26 (Fla. 1946)
- Stephens v. Anderson, 75 Fla. 575 (Fla. 1918)