THE CITY OF HIALEAH, A MUNICIPAL CORPORATION, APPELLANT,
v.
DALE G. BENNETT, INDIVIDUALLY, AND AS MAYOR OF THE CITY OF HIALEAH, FLORIDA; DORIS J. MAGURSKY, WILLIAM E. MOYE; JOEL K. SCHLEIFER: AND JO AN MOYE, APPELLEES

Fla. 3d DCA | 1979-11-13
No. 79-605
Before HAVERFIELD, C. J., SCHWARTZ, J., and MELVIN, WOODROW M. (Ret.), Associate Judge.
376 So. 2d 483 Florida District Court of Appeal, Third District (1979) Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed on the authority of the rule stated as follows in Cahn v. Town of Huntington, 29 N.Y.2d 451, 328 N.Y.S.2d 672, 676, 278 N.E. 2d 908, 910 (1972):

[A] municipal board or officer possesses implied authority to employ counsel in the good faith prosecution or defense of an action undertaken in the public interest, and in conjunction with its or his official duties where the municipal attorney refused to act, or was incapable of, or was disqualified from, acting.

Accord, Waigand v. City of Nampa, 64 Idaho 432, 133 P. 2d 738 (1943); Braslow v. Barnett, 74 Misc.2d 26, 343 N.Y.S.2d 819 (Dist.Ct.1973); Krahmer v. McClafferty, 282 A. 2d 631 (Super.Ct.Del.1971); see City of North Miami Beach v. Estes, 214 So. 2d 644 (Fla. 3d DCA 1968), cert. disch., 227 So. 2d 33 (Fla.1969); cf. Shuler v. School Board of Liberty County, 366 So. 2d 1184 (Fla. 1st DCA 1978), cert. dismissed, 368 So. 2d 1373 (Fla.1979).

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  • Lomelo v. City OF Sunrise, 423 So. 2d 974 (Fla. 4th DCA 1982)
    …lic official (the superintendent). Shuler exemplifies an application of the rule discussed in these earlier cases and imposes a “duty to pay.” A recent pronouncement of the Third District Court of Appeal on this issue in City of Hialeah v. Bennett, 376 So. 2d 483 (Fla. 3d DCA 1979), is worth repeating here: Affirmed on the authority of the rule stated as follows in Cahn v. Town of Huntington, 29 N.Y.2d 451, 328 N.Y.S.2d 672, 676, 278 N.E. 2d 908, 910 (1972): [A] municipal board or officer possesses implied…
  • Pearl v. Lomelo, 416 So. 2d 489 (Fla. 4th DCA 1982)
    …e the final judgment reversed as it (1) invalidated the budget ordinance and (2) awarded attorneys’ fees to the mayor. We determine that attorneys’ fees were properly awarded and affirm that aspect of the final judgment. City of Hialeah v. Bennett, 376 So. 2d 483, 484 (Fla. 3d DCA 1979), adopted the following rule as set out in Cahn v. Town of Huntington, 29 N.Y.2d 451, 328 N.Y.S.2d 672, 676, 278 N.E. 2d 908, 910 (1972): [A] municipal board or officer possesses implied authority to employ counsel in the goo…
  • Nordhagen v. Honorable Gilda Oliveros, 564 So. 2d 602 (Fla. 3d DCA 1990)
    …as a good-faith prosecution of an action undertaken in the public interest in conjunction with his official duties as city councilman and was therefore not entitled to an award of attorney’s fees based on the authority of City of Hialeah v. Bennett, 376 So. 2d 483 (Fla. 3d DCA 1979), which determination was never appealed, and (2) the subsequent city council resolution compelling the payment of such attorney’s fees from municipal funds, notwithstanding the prior judicial determination that such fees served no…

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