
    CITY OF MIAMI BEACH, Appellant, v. SHELL’S CITY, INC., Appellee.
    No. 63-594.
    District Court of Appeal of Florida. Third District.
    Nov. 12, 1963.
    Rehearing Denied Dec. 3, 1963.
    Joseph A. Wanick, City Atty., Rothstein: & Tumin, Miami, for appellant.
    J. M. Flowers and Milton M. Ferrell, Miami, Sibley, Grusmark, Giblin, King & Lev--enson, Miami Beach, for appellee.
    
      Before CARROLL, TILLMAN PEAR'SON and HENDRY, JJ.
   PER CURIAM.

This is an interlocutory appeal from an ■order denying defendant’s motion for summary decree.

We have carefully considered the briefs .and record on appeal and concluded that appellant has failed to demonstrate that it is entitled to a summary decree at this point in the proceedings.

Accordingly we must affirm the order appealed.

Affirmed.  