Judges: PER CURIAM.
Attorneys: L.E. Womack, Burton G. Henson and Raymond Sheldon, for Appellants;
Alonzo B. McMullen and Ralph A. Marsicano, for Appellee.
Filed: Oct. 31, 1938
Latest Update: Mar. 02, 2020
Summary: This is here on appeal from an order granting defendant's motion to dismiss bill of complaint in a suit instituted to enjoin the City of Tampa from enforcing the provisions of that part of Ordinance No. 651-A, entitled: "An Ordinance to Provide for the Licensing of Certain Privileges, Businesses, Occupations or Professions, Carried on and Engaged in Within the City Limits of the City of Tampa, and to Fix the Amount of Such License Taxes, to Provide for the Proper Determination of the Amount Ther
Summary: This is here on appeal from an order granting defendant's motion to dismiss bill of complaint in a suit instituted to enjoin the City of Tampa from enforcing the provisions of that part of Ordinance No. 651-A, entitled: "An Ordinance to Provide for the Licensing of Certain Privileges, Businesses, Occupations or Professions, Carried on and Engaged in Within the City Limits of the City of Tampa, and to Fix the Amount of Such License Taxes, to Provide for the Proper Determination of the Amount There..
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This case is before us on application to clarify our opinion filed herein on October 31st, 1938.
The effect of that opinion was to hold that the ordinance involved on its face is, as a matter of law, arbitrary and unreasonable and, therefore, invalid because of the excessive amount of the license tax prescribed by the ordinance.
So we can see no useful purpose which may be served by further pleadings in the court below.
TERRELL, C.J., and WHITFIELD, BROWN, BUFORD and CHAPMAN, J.J., concur.
