ATHEL L. LEVERETT, APPELLANT,
v.
WARREN THOMAS, ROGER WEST, JACK FOREHAND, JOHN GRINER, AND PAUL AKIN, AS MEMBERS OF AND CONSTITUTING THE CIVIL SERVICE BOARD OF DUVAL COUNTY, FLORIDA, APPELLEES
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This case reviews a lower court's denial of a writ of certiorari, which sought to overturn a Civil Service Board's decision upholding an employee's discharge. The employee argued double jeopardy, res judicata, or estoppel by judgment should have prevented the discharge after initial suspensions.
No, the employee's discharge was not barred by res judicata, estoppel by judgment, or the prohibition against double jeopardy.
“We fail to find that the appellant has demonstrated any error in the trial court's final judgment, and therefore, the same is affirmed.”
This quote establishes the appellate court's agreement with the lower court's decision and the outcome of the appeal.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAn employee of the Board of Public Instruction was suspended twice for theft. The second suspension was withdrawn, but he was then suspended again and…
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This is an appeal from a final judgment denying appellant’s petition for writ of certiorari, entered by the Circuit Court of Duval County.
The petitioner was an employee of the Board of Public Instruction of Duval County, Florida, at the time of his suspension for theft of certain material belonging to the Board of Public Instruction. He was suspended first for IS days, then for 30 days. Before the latter 30 days had expired, the Board of Public Instruction withdrew the latter suspension and requested he return to work. Petitioner worked one day and was again suspended for 30 days with a final discharge effective at the end of the 30 days. After the last suspension notice, the petitioner appealed to the Civil Service Board of Duval County, where it was urged by petitioner that he was being subjected to double jeopardy. The Civil Service Board affirmed the discharge of petitioner ; and petition for certiorari was filed in the Circuit Court, wherein, inter alia, it was urged that either the doctrine of res adjudicata or estoppel by judgment, or the constitutional prohibition against double jeopardy should bar the Board of Public Instruction from its action in discharging the petitioner.
The Circuit Court, Hon. Martin Sack, wrote a lengthy and comprehensive final judgment wherein he dealt with each of the points raised, and we think correctly decided each point adversely to the petitioner.
We fail to find that the appellant has demonstrated any error in the trial court’s final judgment, and therefore, the same is affirmed.
CARROLL, DONALD K, and RAWLS, JJ., concur.
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Gordon v. Shepard W. Davis, 267 So. 2d 874 (Fla. 3d DCA 1972)…sons assigned certiorari is denied, and the petition is dismissed. . As examples of compulsory physical or mental examinations ordered in' actions other than personal injury actions, see In re Adoption of Samples (Samples v. Manousos) Fla.App.1969, 226 So. 2d 135; Beach v. Beach, supra; Rubenstein v. Rubenstein, 21 N.J.Super. 486, 91 A. 2d 446; Richardson v. Richardson, 124 Colo. 240, 236 P. 2d 121; Roberts v. Roberts, 198 Md. 299, 82 A. 2d 120.…
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Athel L. Leverett v. Thomas, 234 So. 2d 123 (Fla. 1969)…Certiorari denied without opinion. 226 So. 2d 135.…