CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, E. A. EVANS, CITY MANAGER, WALTER E. HEADLEY, CHIEF OF POLICE, EDMUND NEWBOLD, CHARLES O. HUTTOE, ROBERT RICHMOND, RICHARD HELKEN AND HAROLD V. CARLTON, AS MEMBERS OF THE CIVIL SERVICE BOARD OF THE CITY OF MIAMI, APPELLANTS,
v.
CHESTER S. ELDREDGE, APPELLEE
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The court held that a declaratory decree action cannot be used as a substitute for established procedures for appeal or review of administrative decisions.
Appellee, a detective captain, was dismissed and his dismissal was affirmed in a prior mandamus action. More than six months later, he filed a suit fo…
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This is an appeal from a declaratory decree setting aside certain action of the chief of police, civil service board and city manager of the City of Miami which had resulted in dismissal of the appellee, a detective captain.
The dismissal of the appellee was reviewed by the circuit court in a mandamus action brought by him. The mandamus was disposed of on the merits by an order quashing the alternative writ with prejudice. That decision of the circuit court was affirmed by this court in May 1958. See State ex rel. Eldredge v. Evans, Fla.App.1958, 102 So.2d 403. More than six months thereafter, in December of 1958, the appellee Chester S. Eldredge filed this suit for declaratory decree in the circuit court against the City of Miami, its city manager, chief of police and the members of the civil service board.
The judgment appealed from must be reversed. The propriety and legality of the dismissal of the appellee were reviewed and litigated in the mandamus action. Cf. Hammond v. Curry, 153 Fla. 245, 14 So.2d 390; City of Miami v. Huttoe, Fla.1949, 38 So.2d 819. Moreover, the declaratory decree statute (ch. 87, Fla.Stat., F.S.A.) is no substitute for established procedure for appeal or review of decisions of judicial tribunals or of boards or administrative officials exercising judicial or quasi-judicial powers. See DeMarigny v. DeMarigny, Fla.1949, 43 So.2d 442; Florida Hotel and Restaurant Commission v. Marseilles Hotel Co., Fla.1956, 84 So.2d 567; Frix v. Beck, Fla.App.1958, 104 So.2d 81; City of North Miami Beach v. Bernay, Fla.App.1960, 117 So.2d 863; Colby v. Colby, Fla.App.1960, 120 So.2d 797; Stahl v. Wilson, Fla.App.1960, 121 So.2d 662.
Reversed.
PEARSON, Acting C. J., CARROLL, CHAS., J., and LOPEZ, AQUILINO, Jr., Associate Judge, concur.
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The Sch. Bd. OF Leon Cnty. v. Mitchell, 346 So. 2d 562 (Fla. 1st DCA 1977)…nge the validity, meaning or application of any rule, had been adopted by the legislature in 1961, the litigation in the Teston case began prior to the passage of § 120.30 which section was never discussed by the court. . City of Miami v. Eldredge, 126 So. 2d 169 (Fla. 3rd DCA 1961); Carol City Utilities, Inc. v. Dade County, 143 So. 2d 828 (Fla. 3rd DCA 1962), cert. disch., 152 So. 2d 462 (Fla.1963). In the latter case, the Third District noted that certiorari was the sole remedy available, and there was no…
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Hollywood Lakes Section Civic Ass'n, Inc. v. City OF Hollywood, 676 So. 2d 500 (Fla. 4th DCA 1996)…for established procedure for review of final judgments or decrees. Nor is it a device for collateral attack upon them.” deMarigny v. deMarigny, 43 So. 2d 442, 445 (Fla.1949); see also §§ 86.011, 86.021, Fla. Stat. (1995); City of Miami v. Eldredge, 126 So. 2d 169 (Fla. 3d DCA), cert. denied, 138 So. 2d 341 (Fla.1961). In City of North Miami Beach v. Bernay, 117 So. 2d 863 (Fla. 3d DCA 1960), the plaintiff brought an action on behalf of all residents of a certain area challenging the validity of two prior de…
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The Sch. Bd. OF Flagler Cnty. v. Hauser, 293 So. 2d 681 (Fla. 1974)…DEKLE, Justice. Jurisdiction vests in this Court pursuant to Art. V, § 3(b)(3), Fla.Const., F.S.A., the decision of the First District Court of Appeal, reported at 283 So. 2d 110 (1973), being in conflict with City of Miami v. Eldredge, 126 So. 2d 169 (Fla.App.3d 1961). Inasmuch as the course of the litigation between the parties is of some importance to a proper determination, we first set out the background of this cause. Respondent teacher had been employed as a teacher by petitioner school bo…
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
- Demarigny v. Demarigny, 43 So. 2d 442 (Fla. 1949)
- Hammond v. Curry, 153 Fla. 245 (Fla. 1943)
- City of Miami v. Huttoe, 38 So.2d 819 (Fla. 1949)
- Hasle v. Maasbrock, 120 So. 2d 797 (Fla. 3d DCA 1960)
- Walton Medders v. State, 102 So. 2d 403 (Fla. 2d DCA 1958)
- Frix v. Beck, 104 So. 2d 81 (Fla. 3d DCA 1958)
- Fla. Hotel & Rest. Comm'n & Richard Edgerton v. Marseilles Hotel Co., 84 So. 2d 567 (Fla. 1956)
- Malcolm Stahl and wife v. Wilson, 121 So. 2d 662 (Fla. 3d DCA 1960)
- City OF N. Miami Beach v. Bernay, 117 So. 2d 863 (Fla. 3d DCA 1960)