EUGENE L. PEARCE, JR., AND ANNE WOOLSEY PEARCE, HIS WIFE, APPELLANTS,
v.
HOWARD JOHNSON INCORPORATED OF FLORIDA, A FLORIDA CORPORATION, APPELLEE

Fla. 2d DCA | 1961-06-28
No. 2091
ALLEN, C. J., KANNER, J., and GERALD, LYNN, A. J., concur.
131 So. 2d 517 Florida District Court of Appeal, Second District (1961) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed on the authority of Janet Realty Corporation v. Hoffman’s, Inc., 154 Fla. 144, 17 So.2d 114.

ALLEN, C. J., KANNER, J., and GERALD, LYNN, A. J., concur.


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  • Teston v. The City OF Tampa, 143 So. 2d 473 (Fla. 1962)
    …nd, Fla., 61 So. 2d 188 and City of Coral Gables v. Brasher, Fla., 120 So. 2d 5, and also the decisions of the District Court of Appeal, Third District in City of Miami Beach v. Miller, Fla.App., 122 So. 2d 578 and City of Miami v. Elmore, Fla.App., 131 So. 2d 517. The respondents contend that declaratory relief was not available to attack the order of the respondent Board and rely upon our decision in de Marigny v. de Marigny, Fla.1949, 43 So. 2d 442, and the decision of the District Court of Appeal, Third…
  • The City OF Miami v. Perkins, 139 So. 2d 178 (Fla. 3d DCA 1962)
    …. [*179] The appellants contend the chancellor erred in that the effect of these decrees is to impose upon the city manager a duty he is not legally bound to perform. We find this contention to have merit. In City of Miami v. Elmore, Fla.App. 1961, 131 So. 2d 517, this court held that a municipal employee was not entitled to promotion as a matter of right, saying (p. 519): “We are unable to reconcile the charter powers granted the city manager with the contentions of the ap-pellees that the city manager is…
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    …as unconstitutional gives to the Director of Public Safety the right to promote from the four man eligibility list. The appellant, as an employee, has no constitutional right to promotion by his superiors. See City of Miami v. Elmore, Fla.App. 1961, 131 So. 2d 517, and City of Miami v. Rezeau, Fla.App.1961, 129 So. 2d 432. We agree with the trial judge that a Director of Public Safety charged with the enforcement of the criminal laws must be given some right of selection as to the persons upon whom he is to i…

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