WENDELL C. BAILEY AS DIRECTOR OF FINANCE, CITY OF MIAMI, APPELLANT,
v.
HAROLD R. TAYLOR, APPELLEE

Fla. 3d DCA | 1964-06-02
No. 63-751
Before BARKDULL, C. J., and CARROLL and HENDRY, JJ.
164 So. 2d 564 Florida District Court of Appeal, Third District (1964) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

*565PER CURIAM.

The facts of this case are essentially the same as those stated in City of Miami v. State, ex rel. Groner, Fla.App.1964, 164 So.2d 26, (opinion filed May 12, 1964) wherein this court reversed the lower court for issuing a peremptory writ of mandamus. Based upon the authority of that case we reverse the instant order appealed, and remand the cause to the lower court with directions to dismiss the petition.

Reversed and remanded with directions.


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  • City OF Miami v. Shires, 167 So. 2d 22 (Fla. 3d DCA 1964)
    …«City urges first, that it is entitled to a reversal because the action of the retirement '.'board was a void act under the law established in the case of City of Miami v. Groner, Fla.App.1964, 164 So. 2d 26. See also Bailey v. Taylor, Fla.App.1964, 164 So. 2d 564. By its second point the City urges that the judgment on the pleadings was premature. In order to determine whether or not this cause comes within the purview of the case above cited, it is necessary to give certain additional facts which appear in…

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