CITY OF MELBOURNE, A MUNICIPALITY FORMED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, APPELLANT,
v.
ROBERT J. COTRON, APPELLEE
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The trial court improperly enjoined the City from taking action against the Police Chief by prescribing administrative procedures; judicial intervention in administrative processes before a hearing occurs is improper, and any due process defects are remediable through subsequent proceedings rather than preliminary injunction.
A trial court may not enjoin an administrative agency's action by prescribing the procedures it must follow or monitoring its process, as judicial intervention in administrative proceedings is improper and any due process defects are remediable through subsequent review.
[1] A trial court may not enjoin an administrative agency's action by prescribing procedures or monitoring the administrative process, as such judicial intervention is improp…
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Join FLexlaw to unlock all legal intelligenceThe City of Melbourne's Council threatened to remove Robert Cotron, the Chief of Police, through processes Cotron claimed violated his due process rig…
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SIMONS, STUART M., Associate Judge.
This is an appeal from a final judgment in which the trial court entered its order enjoining the appellant from taking certain action in regard to the appellee, who was the Chief of Police of the City of Melbourne, and who had been purportedly threatened with loss of his position by the City Council by means of certain processes which the appellee deemed to be violative of due process rights, and which would deprive him of due process. The trial judge further sought to outline the manner which any hearing should be conducted in regard to any firing of the appellee. The law is now well settled that judicial intervention in the administrative process by either declaring rules of procedure to be followed or monitoring the process as it goes forward is improper. The courts should not assume that administrative agencies will hold hearings which, upon review, will be ultimately found to be lacking requisite due process standards. Duval County School Board v. Armstrong, 336 So. 2d 1219 (Fla. 1st DCA 1976).
In order to render injunctive relief there must be a showing of irreparable injury. A1A Mobile Home Park, Inc. v. Brevard County, 246 So. 2d 126 (Fla. 4th DCA 1971). In the instant case, failure to subsequently afford the appellee due process is cognizable and may be remedied by further proceedings, after the hearing.
The judgments appealed from are reversed.
REVERSED.
ANSTEAD and BERANEK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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The Code Enf't Bd. v. Chefan, 504 So. 2d 815 (Fla. 4th DCA 1987)…e been taken, especially since it was not requested in the writ. Further, there is no indication that the supposed due process and procedural violations the trial court assumes will occur could not be remedied on appeal. City of Melbourne v. Cotron, 372 So. 2d 944 (Fla. 4th DCA 1979), involved a similar situation. See, also, Odham v. Foremost Dairies, Inc., 128 So. 2d 586, 592-93 (Fla.1961); and Section 162.11, Florida Statutes (1985) (providing for appellate review of final administrative orders). We have co…
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City OF Fernandina Beach v. Myers, 661 So. 2d 1262 (Fla. 1st DCA 1995)…prejudice that results from its failure to do so must be determined in the concrete circumstances of the case after the Board has acted. Neither injunction nor declaratory relief is appropriate for that purpose. Accord City of Melbourne v. Cotron, 372 So. 2d 944 (Fla. 4th DCA 1979), cert, denied, 383 So. 2d 1192 (Fla.1980) (court reversed the grant of an injunction prohibiting the city from taking action to relieve the chief of police of his position). See also Code Enforcement Board v. Chefan, 504 So. 2d 8…
Authorities Cited
- A1A Mobile Home Park, Inc. v. Brevard Cnty., 246 So. 2d 126 (Fla. 4th DCA 1971)
- Duval Cnty. Sch. Bd. v. Armstrong, 336 So. 2d 1219 (Fla. 1st DCA 1976)