JOHN V. MCGUARAN, APPELLANT,
v.
CARL SUSSKIND ET AL., APPELLEES
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.
A Miami Beach detective appeals the denial of his certiorari petition challenging his removal from office by the Personnel Board. The court affirmed the circuit court's decision that the removal was supported by substantial competent evidence and complied with due process requirements.
The court affirmed the circuit court's order, finding that the circuit court properly determined that procedural due process was accorded, essential elements of law were observed, and the charges were supported by substantial competent evidence.
“[T]he essential requirements of the law have been observed by the City and the Personnel Board; that due process has been accorded the Petitioner and that there is ample competent substantial evidence to sustain the findings of the City's Personnel Board.”
The circuit court's finding that upheld the removal order, establishing the standard of review.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellant, a Miami Beach detective, was removed from office by the chief of police on charges of conduct unbecoming an officer, specifically for issui…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Conduct Unbecoming An Officer cases and more on FLexlaw
Appellant seeks review of an order of the circuit court for Dade County denying his petition for certiorari. The petition sought reversal of an order of the Personnel Board of the City of Miami Beach.
Appellant, a Miami Beach detective, was removed from office by the chief of police on three separate charges of conduct- unbecoming an officer. The charges were grounded on issuance of bad checks and leaving work early, without permission, to go to Jai Alai.
Appellant appealed his removal to the personnel board. After holding hearings the board found that two of the charges were supported by substantial competent evidence and upheld the removal. Appellant then filed his petition for certiorari and the circuit court in an extensive opinion, found that:
“ * * * [T]he essential requirements of the law have been observed by the City and the Personnel Board; that due process has been accorded the Petitioner and that there is ample competent substantial evidence to sustain the findings of the City’s Personnel Board.”
Appellant’s contentions in this appeal question the legal sufficiency of the evidence to warrant and sustain appellant’s removal from office.
The law is well settled, in Florida, that the extent of our review in this type of case is to decide whether, upon the points properly raised, the circuit court applied the applicable law and acted in accordance with established procedure.1 Accordingly, the error required for reversal is error committed by the circuit court.2
The circuit court was charged with determining whether procedural due process had been accorded appellant, whether essential elements of law had been observed,3 and, since questions of evidence were presented, it was incumbent upon the circuit court to determine whether the charges *220were supported by substantial competent evidence.4 All of these it did.
Upon our examination of the record, we do not find it so deficient as to show a clear failure of the evidence to prove the specifications of the charges, nor do we find any reversible error to have been committed by the circuit court.
Accordingly, the order appealed is hereby affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Metro. Dade Cnty. v. Sergeant Gerald Mingo, 339 So. 2d 302 (Fla. 3d DCA 1976)…edural due process had been accorded, whether essential requirements of law had been observed and whether the charges were supported by substantial, competent evidence. City of Miami v. Babey, 161 So. 2d 230 (Fla.3rd DCA 1964); McGuaran v. Susskind, 175 So. 2d 218 (Fla.3rd DCA 1965). The question of the weight and credibility of the evidence is for the administrative agency and not the reviewing court, even though the court may have reached a different conclusion on the same testimony. McFall v. Florida State…
-
Campbell v. Vetter, 392 So. 2d 6 (Fla. 4th DCA 1980)…s been accorded, whether the essential requirements of law have been observed, and whether the decision is supported by substantial competent [*8] evidence. Metropolitan Dade County v. Mingo, 339 So. 2d 302 (Fla. 3rd DCA 1976); McGuaran v. Susskind, 175 So. 2d 218 (Fla. 3rd DCA 1965); City of Miami v. Babey, 161 So. 2d 230 (Fla. 3rd DCA 1964). In its review capacity, a circuit court may not reevaluate conflicts in the evidence to determine whether there is substantial competent evidence to support the decisio…
-
Nichols v. City OF Hialeah, 183 So. 2d 611 (Fla. 3d DCA 1966)…her the petitioner had been accorded procedural due process, and whether there was a failure by the Personnel Board to comply with the essential requirements of law. De Groot v. Sheffield, Fla.1957, 95 So. 2d 912; McGuaran v. Susskind, Fla.App.1965, 175 So. 2d 218. See In re Edwards, 100 Fla. 989, 130 So. 615 (1930). These are questions of law, and the evidence is considered only upon the allegation that the record fails to reveal any competent substantial evidence to support the decision of the quasi judicia…1 / 2
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
- de Groot v. Sheffield, 95 So. 2d 912 (Fla. 1957)
- Morris v. City OF Hialeah, 140 So. 2d 615 (Fla. 3d DCA 1962)
- Ammerman v. The Fla. Bd. OF Pharmacy, 174 So. 2d 425 (Fla. 3d DCA 1965)
- City OF Miami v. Babey, 161 So. 2d 230 (Fla. 3d DCA 1964)