EFFIE D. STANSBERRY, APPELLANT,
v.
CITY OF LAKE HELEN, FLORIDA, A MUNICIPAL CORPORATION EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, APPELLEE
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Effie Stansberry appealed a circuit court order denying her petition for writ of certiorari to review her discharge from employment by the City of Lake Helen following the sale of the municipal utility. The court held that the abolition of her position was legislative or executive action not subject to judicial review, and certiorari was properly denied.
The court affirmed the denial of certiorari, holding that the city's decision to abolish the position and discharge the employee was legislative or executive action, not quasi-judicial action, and therefore was not subject to judicial review.
[1] An appellate court reviews a circuit court's certiorari proceeding, which in turn reviewed administrative action, by writ of certiorari.
[2] Abolishing a municipal employee's position and discharging the employee is legislative or executive action, not quasi-judicial action, and is therefore not subject to jud…
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Join FLexlaw to unlock all legal intelligence“any determination to abolish the position and discharge petitioner was legislative or executive action, not quasi-judicial, and thus not subject to judicial review”
The court's rationale for denying certiorari, establishing that the city's employment decision was not subject to judicial review because it was not quasi-judicial action.
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Join FLexlaw to unlock all legal intelligenceStansberry worked as a bookkeeper/billing clerk for the City of Lake Helen's electric and water system. The city sold the utility, which resulted in t…
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ORFINGER, Chief Judge.
Appellant Effie D. Stansberry timely appeals a final order of the Circuit Court of Volusia County, denying her petition for writ of certiorari to review the final action of the Lake Helen City Commission in discharging her from employment.
In earlier cases1 we held that an appeal to this court was the proper procedure to follow in seeking review of an order of the circuit court which, in turn, had reviewed administrative action. In the light of these decisions, an appeal appeared to be the proper procedure and that method of review has not been questioned here.
The Supreme Court has decided, however, that certiorari is the proper method by which an appellate court reviews a certiorari proceeding in the circuit court which, in turn, reviews administrative action below. City of Deerfield Beach v. Vaillant, 419 So. 2d 624 (Fla.1982). Thus, the scope of review is limited.2 See Campbell v. Vetter, 392 So. 2d 6 (Fla. 4th DCA 1980). We treat the appeal here as a petition for writ of certiorari. Fla.R.App.P. 9.040(c).
Petitioner’s position as bookkeeper/billing clerk of the City’s electric and water system was abolished when the city sold the utility. There are no civil service laws or other ordinances which inhibit discharge of employees or which require notice of or a hearing on the discharge of an employee of respondent city. Thus, any determination to abolish the position and discharge petitioner was legislative or executive action, not quasi-judicial, and thus not subject to judicial review. DeGroot v. Sheffield, 95 So. 2d 912 (Fla.1957). The trial court so held and denied certiorari, and so did not depart from the essential requirements of law.
Certiorari is DENIED.
DAUKSCH and COWART, JJ., concur. . Odham v. Petersen, 398 So. 2d 875 (Fla. 5th DCA 1981); County of Volusia v. Transamerica Corp., 392 So. 2d 585 (Fla. 5th DCA 1980). See also United Teachers of Dade v. Save Brickell Avenue, Inc., 378 So. 2d 296 (Fla. 3d DCA 1979).
. Notwithstanding our belief that review in such cases was by plenary appeal, we had nevertheless concluded that the scope of our review was no broader than that of the circuit court. McCray v. Volusia County, 400 So. 2d 511 (Fla. 5th DCA 1981).
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Irvine v. Duval Cnty. Planning Comm'n & the City Of Jacksonville, 466 So. 2d 357 (Fla. 1st DCA 1985)…er cases indicating that plenary appeal would be the appropriate vehicle for district court review of circuit court decisions in common law certiorari proceedings reviewing quasi-judicial administrative action. See, Stansberry v. City of Lake Helen, 425 So. 2d 1157 (Fla. 5th DCA 1983), p. 1158, n. 1. We are of the view that arguments favoring the remedy of appeal might still have validity, since language of the Vaillant opinion seems to limit its application to District Court review of circuit court orders ent…
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Janson v. The City OF ST. Augustine, 468 So. 2d 329 (Fla. 5th DCA 1985)…d. PETITION DENIED. DAUKSCH and ORFINGER, JJ., concur. . City of Deerfiled Beach v. Vaillant, 419 So. 2d 624 (Fla.1982); Wingate v. Dep’t of Highway Safety and Motor Vehicles, 442 So. 2d 1023 (Fla. 5th DCA 1983); Stansberry v. City of Lake Helen, 425 So. 2d 1157 (Fla. 5th DCA 1982).…
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Harlan D. Terry v. Bd. of Trs. of the City Pension Fund for Police Officers & Firefighters in the City of Pembroke Pines, 854 So. 2d 273 (Fla. 4th DCA 2003)…t reach the pro-ration issue, as it interpreted the board order as a “legislative” decision and dismissed the certiorari petition for lack of jurisdiction. In doing so, the circuit court relied upon the authority of Stansberry v. City of Lake Helen, 425 So. 2d 1157 (Fla. 5th DCA 1983), City of Cape Canaveral v. Rich, 562 So. 2d 445 (Fla. 5th DCA 1990), and Board of County Commissioners of Manatee County v. Circuit Court of Twelfth Judicial Circuit for Manatee County, 433 So. 2d 537 (Fla. 2d DCA 1983). Each of…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- City OF Deerfield Beach v. Vaillant, 419 So. 2d 624 (Fla. 1982)
- de Groot v. Sheffield, 95 So. 2d 912 (Fla. 1957)
- Campbell v. Vetter, 392 So. 2d 6 (Fla. 4th DCA 1980)
- United Teachers OF Dade & UTD Towers, Inc. v. Save Brickell Ave., Inc., 378 So. 2d 296 (Fla. 3d DCA 1979)
- Odham v. Petersen, 398 So. 2d 875 (Fla. 5th DCA 1981)
- The Cnty. OF Volusia v. Transamerica Bus. Corp., 392 So. 2d 585 (Fla. 5th DCA 1980)
- McCRAY v. Cnty. OF Volusia & Dr. Thomas C. Kelly, 400 So. 2d 511 (Fla. 5th DCA 1981)