Kushner, Inc. v. City of Hollywood, 442 So. 2d 1099 (Fla. 4th DCA 1983). · Go Syfert
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Kushner, Inc. v. City of Hollywood, 442 So. 2d 1099 (Fla. 4th DCA 1983). Cases Citing This Book View Copy Cite
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KUSHNER, INC., d/b/a Hal's Towing Service
v.
CITY OF HOLLYWOOD, a municipal corporation, and Mac's Towing, Inc.
No. 82-2394.
District Court of Appeal of Florida, Fourth District.
Dec 21, 1983.
Published opinion
442 So. 2d 1099
1983 Fla. App. LEXIS 25263
Michael W. Ullman of Ullman & Ullman, P.A., North Miami Beach, for appellant., Nancy A. Cousins, City Atty. and Leonard Lubart, Asst. City Atty., Hollywood, for appellee City of Hollywood., Frank W. Peterman, Dania, for appellee Mac’s Towing, Inc.
Anstead, Dell, Hersey.
Published

Lead Opinion

PER CURIAM.

After dismissal of an initial and two amended complaints appellant elected to stand on its third amended complaint and here appeals from its ultimate dismissal. We affirm. Despite allegations which attempted to establish six different causes of action we conclude that the trial court correctly determined that none was adequately pled. On the other hand it appears that a cause of action could be alleged based upon defects in the city ordinance involved here and we specifically do not by our holding, intend to prejudice appellant’s right to pursue its remedies with regard to such defects. With that reservation, we affirm.

HERSEY and DELL, JJ., concur. ANSTEAD, C.J., concurs specially with opinion.

Concurrence

ANSTEAD, Chief Judge,

specially concurring:

Although I agree with the views expressed in the majority opinion, I would remand this cause with directions to allow the appellant an opportunity to file an amended complaint challenging the validity of the ordinance in question as it applies to the appellant.