CITY OF MIAMI SPRINGS, A MUNICIPAL CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF FLORIDA, AND E. MICHAEL MYERS, AS CITY MANAGER, PETITIONERS,
v.
THE HONORABLE FREDERICK N. BARAD, CIRCUIT COURT JUDGE IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA, AND EARL C. STEFFEN, RESPONDENTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court granted a petition for writ of prohibition, preventing a trial judge from exercising jurisdiction over a former police chief's claim for reinstatement. The court held that the former chief, having exhausted administrative remedies, could only seek appellate review of the city's decision, not a new trial.
The former employee is not entitled to a de novo hearing in circuit court. Instead, they must file an appropriate proceeding in the circuit court, sitting in its appellate capacity, to review the administrative determination.
[1] A party who has voluntarily submitted to and fully utilized administrative review procedures, including a quasi-judicial hearing, is not entitled to a de novo hearing in…
[2] Review of an administrative agency's adverse determination regarding an employee's demotion must be sought in circuit court sitting in its appellate capacity, not through…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We hold that Steffen, having voluntarily submitted himself to and fully utilized the administrative review procedures provided by the Miami Springs Code of Ordinances and having been accorded a quasi-judicial hearing before the Civil Service Board on his claim of wrongful demotion, is not entitled to a de novo hearing in the Circuit Court on this claim, but instead must institute an appropriate proceeding in the Circuit Court, sitting in its appellate capacity, to review the City’s adverse determination.”
This quote establishes the core holding regarding the limited avenue for review after administrative proceedings.
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Join FLexlaw to unlock all legal intelligenceEarl C. Steffen was demoted from police chief to detective by the City of Miami Springs. He pursued administrative review through the city's civil ser…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
We grant the petition for writ of prohibition filed by the petitioners, the defendants below, the effect of which is to prohibit the respondent trial judge from exercising jurisdiction over Count One of Respondent Steffen’s amended complaint, which requests, in essence, a declaration that Stef-fen was wrongfully demoted from police chief to detective and prays for reinstatement to his former position with back pay.
We hold that Steffen, having voluntarily submitted himself to and fully utilized the administrative review procedures provided by the Miami Springs Code of Ordinances and having been accorded a quasi-judicial hearing before the Civil Service Board on his claim of wrongful demotion, is not entitled to a de novo hearing in the Circuit Court on this claim, but instead must institute an appropriate proceeding in the Circuit Court, sitting in its appellate capacity, to review the City’s adverse determination. See School Board of Leon County v. Mitchell, 346 So. 2d 562 (Fla. 1st DCA 1977), cert. denied, 358 So. 2d 132 (Fla. 1978); Carol City Utilities, Inc. v. Dade County, 143 So. 2d 828 (Fla. 3d DCA), prohibition denied, 149 So. 2d 49 (Fla.1962), cert. discharged, 152 So. 2d 462 (Fla.1963); Frix v. Beck, 104 So. 2d 81 (Fla. 3d DCA 1958).
If, as Steffen claims, the procedure followed by the City in demoting him was essentially unfair or denied him due process, or the City’s decision was not supported by substantial competent evidence or departed from the essential requirements of the law, then presumably the Circuit Court, sitting in its appellate capacity, will grant Steffen relief. See Metropolitan Dade County v. Mingo, 339 So. 2d 302 (Fla. 3d DCA 1976).
He is not, however, entitled to relief through an independent action collaterally attacking the City’s determination to demote him.
Accordingly, we grant the petition for writ of prohibition. We are confident that it is unnecessary for us to issue the writ, and we therefore remand the cause to the Circuit Court for further proceedings consistent with this opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Clark v. Metro. Dade Cnty., 665 So. 2d 1142 (Fla. 3d DCA 1996)…PER CURIAM. Affirmed. City of Miami Springs v. Barad, 448 So. 2d 510 (Fla. 3d DCA 1983).…
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Depaola v. The Town OF Davie, 872 So. 2d 377 (Fla. 4th DCA 2004)…dministrative remedies. The same can not be said in the case at bar. The other cases pointed to by the trial court for its conclusion that DePaola is not entitled to de novo review are also distinguishable. See, e.g., City of Miami Springs v. Barad, 448 So. 2d 510 (Fla. 3d DCA 1983) (Claimant submitted himself to and fully utilized administrative review procedures and received a quasi-judicial hearing before the Civil Service Board on his claim of wrongful demotion; he is not entitled to a de novo hearing in…
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City OF Miami v. Lopez, 487 So. 2d 1111 (Fla. 3d DCA 1986)…role of the court to make findings of fact in reviewing an administrative agency action. The standard of review is whether there is substantial competent evidence to support the findings and conclusions of the agency. City of Miami Springs v. Barad, 448 So. 2d 510 (Fla. 3d DCA 1983); Pompano Beach Police & Firemen’s Pension Fund v. Franza, 405 So. 2d 446 (Fla. 4th DCA 1981); Metropolitan Dade County v. Mingo, 339 So. 2d 302 (Fla. 3d DCA 1976). Where an administrative agency fails to make the required findin…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The Sch. Bd. OF Leon Cnty. v. Mitchell, 346 So. 2d 562 (Fla. 1st DCA 1977)
- Metro. Dade Cnty. v. Sergeant Gerald Mingo, 339 So. 2d 302 (Fla. 3d DCA 1976)
- Frix v. Beck, 104 So. 2d 81 (Fla. 3d DCA 1958)
- Carol City Utils., Inc. v. Dade Cnty., 143 So. 2d 828 (Fla. 3d DCA 1962)
- Carol City Utils., Inc. v. Dade Cnty., 152 So. 2d 462 (Fla. 1963)
- In re Application for Reinstatement In the Florida Bar of James A. Dodd, 152 So. 2d 462 (Fla. 1963)
- State Ex rel. Carol City Utils., Inc. v. Metro. Dade Cnty. Water & Sewer Bd., 149 So. 2d 49 (Fla. 1962)
- Lambert v. Wainwright, 149 So. 2d 49 (Fla. 1962)