JOSEPH A. FINAN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOSEPH W. FINAN, DECEASED, APPELLANT,

v.

DEPARTMENT OF TRANSPORTATION, AN AGENCY OF THE STATE OF FLORIDA, AND HERNANDO COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEES

Citator

Cited By (13 total)

• Fuller Crews, Sr. v. Ellis, 531 So. 2d 1372 (Fla. 1st DCA 1988)
  …s dismissed. See Blackburn v. Brorein, 70 So. 2d 293 (Fla.1954); Wilkerson v. Butterworth, 492 So. 2d 1169 (Fla. 4th DCA 1986); Evans v. Hardcastle, 339 So. 2d 1150 (Fla. 2d DCA 1976). However, the trial court also cited the case of Szell v. Lamar, 414 So. 2d 276 (Fla. 5th DCA 1982). In Szell, a deputy sheriff argued, based on a general order promulgated by the Sheriff, that he was entitled to certain procedural rights prior to his termination and that he could not be terminated except for cause. On this poi…
• McRAE v. Douglas, 644 So. 2d 1368 (Fla. 5th DCA 1994)
  …5th Cir.1980), cert. denied, 451 U.S. 907, 101 S.Ct. 1975, 68 L.Ed.2d 295 (1981); Crews v. Ellis, 531 So. 2d 1372 (Fla. 1st DCA 1988); Brevard County v. Miller, 452 So. 2d 1104 (Fla. 5th DCA), rev. denied, 459 So. 2d 1042 (Fla.1984); Szell v. Lamar, 414 So. 2d 276 (Fla. 5th DCA 1982); Evans v. Hardcastle, 339 So. 2d 1150 (Fla. 2d DCA 1976). The same principle has been applied to correctional officers appointed by the sheriff. See Blair v. Martin County Sheriff's Department, Case No. 92-14107, 1993 WL 757478…
• Wilkerson v. Butterworth, 492 So. 2d 1169 (Fla. 4th DCA 1986)
  …hat this uncontroverted recitation of fact controlled, notwithstanding disciplinary procedures which recited that except for oral reprimand and emergency suspension, all discipline was subject to the sheriffs approval. We approve of Szell v. Lamar, 414 So. 2d 276 (Fla. 5th DCA 1982), which provided: A sheriff is authorized to appoint deputies for whose acts he is responsible, to act in his stead. Section 30.07, Florida Statutes (1981). A deputy sheriff holds office by appointment, rather than by employment,…

Authorities Cited

• N. Shore Hosp., Inc. v. Barber, 143 So. 2d 849 (Fla. 1962)
• Garcia Ins. Agency, Inc. v. Diaz, 351 So. 2d 1137 (Fla. 2d DCA 1977)
• Cnty. Nat'l Bank OF N. Miami Beach v. Sheridan, Inc., 403 So. 2d 502 (Fla. 4th DCA 1981)