WILLIAM H. HAMMOND, APPELLANT,
v.
CITY OF MIAMI, APPELLEE
Explore caselaw by topic → Browse Administrative Order Review cases and more on FLexlaw
PER CURIAM.
The final judgment appealed from is affirmed on the basis that: (1) the underlying proceeding before the Retirement Board of the City of Miami seeking accidental disability pension pursuant to Resolution No. 39802 adopted June 20,1968 was quasi-judicial in nature, De Groot v. Sheffield, 95 So. 2d 912 (Fla.1957); Bloomfield v. Mayo, 119 So. 2d 417 (Fla. 1st DCA 1960), and culminated in an order rendered March 7, 1975; (2) under the then-applicable and governing provisions of Florida Rules of Appellate Procedure 4.1 and 4.5c(l), the order was reviewable within sixty days from rendition; and (3) the ensuing challenge to that order commenced in the circuit court on February 25, 1976 by a complaint for declaratory relief, being more than eleven months after rendition of the administrative order, was untimely and, consequently, the circuit court lacked jurisdiction to entertain the proceeding. Central Truck Lines, Inc. v. Boyd, 106 So. 2d 547 (Fla.1958).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Sheller v. Sheller, 427 So. 2d 322 (Fla. 4th DCA 1983)…on that these expenditures were made in good faith to satisfy bona fide corporate debts, the appellant is a legitimate creditor of the corporation and entitled to repayment. Pierce v. Scott, 142 Fla. 581, 195 So. 160 (1940); Emporium, Inc. v. Jones, 396 So. 2d 237 (Fla. 1st DCA 1981). During his testimony, appellant approximated his expenditures at $56,000.00 (this included the $45,000.00 figure). Can-celled checks and other documentary evidence, however, demonstrated expenditures of at least $56,831.93. Ther…
-
Hampton v. Miami City Emps. Ret. Sys., 528 So. 2d 103 (Fla. 3d DCA 1988)…v. Gaines, 389 So. 2d 677 (Fla. 4th DCA 1980), and (3) the appellant has, in any event, waived her right to challenge the denial of her application for a disability retirement pension by not appealing from said denial, see Hammond v. City of Miami, 396 So. 2d 237 (Fla. 3d DCA 1981); Franchi v. Florida Dept. of Commerce, Div. of Employment Sec., Bd. of Review, 375 So. 2d 1154 (Fla. 4th DCA 1979). Affirmed.…
Authorities Cited
- de Groot v. Sheffield, 95 So. 2d 912 (Fla. 1957)
- Bloomfield v. Mayo, 119 So. 2d 417 (Fla. 1st DCA 1960)
- Cent. Truck Lines, Inc. v. Boyd, 106 So. 2d 547 (Fla. 1958)