From Casetext: Smarter Legal Research

City of Hialeah v. Woods

District Court of Appeal of Florida, Third District
Jun 24, 1960
121 So. 2d 41 (Fla. Dist. Ct. App. 1960)

Opinion

No. 59-698

June 2, 1960. Rehearing Denied June 24, 1960.

Appeal from the Circuit Court for Dade County, Grady L. Crawford, J.

Ralph F. Miles, City Atty., Hialeah, Fuller Warren and Beigel Teitelman, Miami, for Morton M. Beigel and Emkay Builder's, Inc., appellants.

Philip J. Coniglio, Miami, for appellees.


The City of Hialeah, and the owners of certain real property who were the beneficiaries of an ordinance granting a zoning variance, appeal from a final decree which held the ordinance granting the variance invalid and further enjoined the city from issuing a permit for a building for other than residential purposes. We find the decree free of reversible error and affirm upon authority of Elwyn v. City of Miami, Fla.App. 1959, 113 So.2d 849.

Although no assignment is directed to that portion of the decree, we note that the injunctive relief granted is by its terms permanent. It is entirely proper that litigation on this matter should be put to rest. An injunctive order, however, is modifiable where the circumstances have so changed as to make it just and equitable to do so. Seaboard Rendering Co. v. Conlon, 152 Fla. 723, 12 So.2d 882; Jackson Grain Co. v. Lee, 150 Fla. 232, 7 So.2d 143.

Affirmed.

HORTON, C.J., and PEARSON and CARROLL, CHAS., JJ., concur.


Summaries of

City of Hialeah v. Woods

District Court of Appeal of Florida, Third District
Jun 24, 1960
121 So. 2d 41 (Fla. Dist. Ct. App. 1960)
Case details for

City of Hialeah v. Woods

Case Details

Full title:CITY OF HIALEAH, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, HENRY E…

Court:District Court of Appeal of Florida, Third District

Date published: Jun 24, 1960

Citations

121 So. 2d 41 (Fla. Dist. Ct. App. 1960)

Citing Cases

Shatterproof Glass v. Buckmaster

An injunctive order, however, is modifiable, and a Court which grants a permanent injunction has inherent…

Reynolds v. the Surf Club

See Shatterproof Glass Corp. v. Buckmaster, 256 So.2d 531 (Fla. 2d DCA 1972). See also Fla.R.Civ.P.…