JOSEPH MECHLOW
v.
JAMES T. VOCELLE, AS DIRECTOR OF THE STATE BEVERAGE DEPARTMENT, AND THE CITY OF MIAMI, FLORIDA; JOSEPH MOABA AND CHARLES HAYEK V. JAMES T. VOCELLE, AS DIRECTOR OF THE STATE BEVERAGE DEPARTMENT, AND THE CITY OF MIAMI, FLORIDA

Fla. | 1945-06-29
CHAPMAN, C. J., TERRELL, BUFORD, ADAMS and SEBRING, JJ., concur., BROWN and THOMAS, JJ., dissent.
156 Fla. 115 Florida Supreme Court (1945) Positive Treatment
Also reported at: 22 So. 2d 631
Cited by 4 cases
Opinion of the Court
PER CURIAM:

*116PER CURIAM:

Both these cases involve the question of whether or not Ordinance No. 1526 as amended by Ordinance No. 2735, as further amended by Ordinance No. 2161, authorizes the City of Miami to limit the number of liquor distribution places within the City in view of the provisions of the State Beverage Act.

In our view, this question was answered by us in William D. Singer, et al., v. Scarborough, et al., 20 So. (2nd) 126, decided December 5, 1944. So the motion for peremptory writ of mandamus notwithstanding the return is granted on authority of the last cited case. See also City of Miami v. Paul Kichinko, decided this date.

It is so ordered.

CHAPMAN, C. J., TERRELL, BUFORD, ADAMS and SEBRING, JJ., concur.

BROWN and THOMAS, JJ., dissent.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • State v. THE City OF Miami, 156 Fla. 784 (Fla. 1946)
    …alities similar power. 30 Am. Jur. 314-15, par. 108. Our previous holdings are cited and relied upon as applicable to the controversy here presented and are viz: City of [*790] Miami v. Kitchinko, 156 Fla. 627, 22 So. (2nd) 627; Mechlow v. Vocelle, 156 Fla. 115, 22 So. (2nd) 631; State ex rel. Williams v. City of Miami, 156 Fla. 505, 22 So. (2nd) 505; Singer v. Scarborough, 155 Fla. 357, 20 So. (2nd) 126; City of Miami Beach v. State ex rel. Patrician Hotel Co., 145 Fla. 716, 200 So. 213. We have carefully…
  • THE City OF Miami v. State, 158 Fla. 56 (Fla. 1946)
    …sisted upon by counsel for the appellee viz: Did the lower court err in issuing the [*57] peremptory writ of mandamus in the ease at bar when following the rule of law enunciated by this Court in the recent case of Mechlow v. Vocelle, as reported in 156 Fla. 115, 22 So. (2nd) 631? Decided by this Court on June 29, 1945, along with Mechlow v. Vocelle was the case of City of Miami v. Kichinko, 156 Fla. 128, 22 So. (2nd) 627. Our opinion in Mechlow v. Vocelle (and companion case of Moaba v. Vocelle), text 22…
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