HARMON W. SHIELDS, APPELLANT-PETITIONER,
v.
RETIREMENT COMMISSION OF DEPARTMENT OF ADMINISTRATION, APPELLEE-RESPONDENT

Fla. | 1978-11-09
Nos. 53347, 53330
ENGLAND, C. J., and OVERTON, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur., ADKINS and BOYD, JJ., dissent.
368 So. 2d 590 Florida Supreme Court (1978) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

After hearing argument in these consolidated cases, we find that no conflict exists between decisions as required for conflict certiorari jurisdiction under Article V, Section 3(b)(3), Florida Constitution, and that the First District Court of Appeal did not inherently pass upon the constitutionality of Section 121.021(15), Florida Statutes.

Accordingly, the writ of certiorari is discharged, and the appeal is dismissed.

It is so ordered.

ENGLAND, C. J., and OVERTON, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur. ADKINS and BOYD, JJ., dissent.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Crawford v. Division OF Retirement, 369 So. 2d 689 (Fla. 1st DCA 1979)
    …o be without merit. See Department of Administration v. Brown, 334 So. 2d 355 (Fla. 1st DCA 1976), cert. denied 344 So. 2d 323 (Fla.1977); Shields v. Division of Retirement, 352 So. 2d 1239 (Fla. 1st DCA 1977), cert. discharged and appeal dismissed, 368 So. 2d 590 (Fla. 1978) (rehearing denied); Dempsey v. State Retirement Commission, 354 So. 2d 913 (Fla. 1st DCA 1978), cert. denied 360 So. 2d 1248 (Fla.1978). Similarly under the same authorities, the challenge to Rule 22B-1.05 is without merit. Accordingly,…

Full citator, related cases, and AI research tools

Open in FLexlaw