
    Julio M. GOMEZ and Jeanette Gomez, Appellants, v. TOWN OF SURFSIDE, Appellee.
    No. 96-3369.
    District Court of Appeal of Florida, Third District.
    Oct. 15, 1997.
    Gomez, Del Pino & Ruiz and Julio M. Gomez, Miami, for appellants.
    Cypen & Cypen and Myles G. Cypen, Miami Beach, for appellee.
    Before SCHWARTZ, C.J., LEVY, J., and BARKDULL, Senior Judge.
   PER CURIAM.

The appellants, who were the petitioners in a declaratory decree action in the Circuit Court below, appeal from a summary judgment granted in favor of the appellee, which was the defendant below.

In view of the fact that the trial court’s decision improperly deprived the appellants from receiving a declaration of their rights and duties, vis-a-vis the municipal ordinance in question, the order under review is reversed, and this cause is remanded for further proceedings consistent herewith.

Reversed and Remanded.  