LORAN W. HARDIN, APPELLANT,
v.
CITY OF NORTH MIAMI BEACH, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1978-11-28
No. 78-397
Before PEARSON and HUBBART, JJ., and CHARLES CARROLL (Ret.), Associate Judge.
364 So. 2d 843 Florida District Court of Appeal, Third District (1978) Positive Treatment
Cited by 6 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant, a former policeman of the City of North Miami Beach, appeals a final judgment on his petition for writ of certiorari brought to review his dismissal by the City. The dismissal was upheld by the City’s Civil Service Board.

We are not reviewing here the correctness of the decision of the Civil Service Board, but rather the circuit court’s action in denying the petition for writ of certiorari, and in this regard we are limited to the question of whether the circuit court departed from established law in finding against the petitioner. See Nugent v. Florida Hotel and Restaurant Commission, 147 So. 2d 606 (Fla.2d DCA 1962).

Within this narrow parameter of review, we find no reversible error. Although in our view, the judgment of the Civil Service Board was unduly harsh, we have no basis upon which to substitute our judgment for that of the circuit court.

Accordingly, the judgment is affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Henshaw v. Kelly, 440 So. 2d 2 (Fla. 5th DCA 1983)
    …oing findings of fact. It is not the province of this court to reevaluate conflicting evidence as such action would amount to an improper granting of a trial de novo. Campbell v. Vetter, 392 So. 2d 6 (Fla. 4th DCA 1981); Hardin v. North Miami Beach, 364 So. 2d 843 (Fla. 3d DCA 1978). Unlike the Campbell case, the instant case was not permeated with hearsay; on the contrary, the testimony was primarily by eyewitnesses or participants in the various events. Orders of administrative boards or officers are presum…
  • …2d 263 (Fla. 2d DCA 1980). We must determine if the trial court departed from the essential requirements of law in quashing the Board’s resolution. Chicken ‘N’ Things v. Murray, 329 So. 2d 302 [*884] (Fla.1976); Hardin v. City of North Miami Beach, 364 So. 2d 843 (Fla. 3d DCA 1978). As we read the trial court’s order, the court reached three conclusions. First, it determined that there was no evidence supporting the amounts claimed as connection charges. Second, the court concluded that since Southeastern ha…
  • Willets v. Fried, 370 So. 2d 1252 (Fla. 4th DCA 1979)
    …A further petition for certiorari has now been filed with this Court. We initially point out that the scope of review in such a proceeding is relatively narrow. As stated by the Third District Court of Appeal in Hardin v. City of North Miami Beach, 364 So. 2d 843 (Fla. 3d DCA 1978): We are not reviewing here the correctness of the decision of the Civil Service Board, but rather the circuit court’s action in denying the petition for writ of certiorari, and in this regard we are limited to the question of whe…

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