A. B. CURRY, AS CITY MANAGER OF THE CITY OF MIAMI, ET AL.,
v.
L. G. HAMMOND
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A patrolman on a city police force is an officer, not merely an employee, because they are clothed with sovereign power while discharging their duties.
Following a prior appeal, the appellant filed an answer alleging the appellee, a patrolman, was an employee rather than an officer. The purpose was to…
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In Hammond v. Curry, et al., 153 Fla. 245, 14 So. (2nd) 390, we reversed a judgment upholding a suspension order against appellee but permitted the city to file an answer on any defense other than such as might have been concluded by that appeal.
Thereafter the mandate went down and the appellant filed an answer showing compliance with the mandate by reinstating appellee and further alleging that appellee’s status as a patrolman was that of an employee and not an officer. The purpose being to set off any earnings of appellee while he had been allegedly suspended.
The question for us to decide is whether appellee, a patrolman on the Miami Police Department, was an officer or an employee.
This Court has defined and distinguished the term officer and employee. See State of Florida ex rel. Clyatt v. Hocker, *64Judge, 39 Fla. 477, 22 So. 721; State ex rel. Holloway v. Sheats, 78 Fla. 583, .83 So. 508; State ex rel. Dresskell v. City of Miami, et al., 153 Fla. 90, 13 So. (2nd) 707; Glendinning v. Curry, City Manager, et al., 153 Fla. 398, 14 So. (2nd) 794.
It can hardly be questioned that a patrolman on a city police force is clothed with sovereign power of the city while discharging his duty. In that even his status is that of an officer under the above cited cases. Appellant contends that insofar as the patrolman’s relationship to the public is concerned he is an officer but as between the patrolman and the city he is an employee of the city but he is also an officer. It is the character of duty performed that must determine his status.
The lower court was correct in holding appellee an officer and the judgment is affirmed.
BUFORD, C. J., BROWN, CHAPMAN, THOMAS and SEBRING, JJ., concur.
TERRELL, J., not participating.
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Maudsley v. City OF N. Lauderdale, 300 So. 2d 304 (Fla. 4th DCA 1974)…was never certified as required by law, it follows, ipso facto, that he cannot be considered to have been an officer. This contention cannot be sustained. The nature of the work performed by a police officer establishes his status. Curry v. Hammond, 154 Fla. 63, 16 So. 2d 523 (Fla.1944). At all times from the inception of his employment in February 1971 until his dismissal on November 11 of that year, Maudsley acted as a police officer, and was always regarded as such by the City and its citizens. For a ti…
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City OF Homestead v. DE Witt, 126 So. 2d 582 (Fla. 3d DCA 1961)…he final decree. Since [*584] we find it necessary to reverse upon this basis we do not discuss any other point. It has been held in Florida that a patrolman is an officer for the purpose of determining a question of his earnings. Curry v. Hammond, 154 Fla. 63, 16 So. 2d 523.1 Further, it has been determined that: “ ‘Public officers have no claim for official services rendered, except when, and to the extent, that compensation is provided by law, and when no compensation is so provided rendition of such…
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Robbin v. Gray Brewer, 236 So. 2d 448 (Fla. 4th DCA 1970)…, Fla.1954, 70 So. 2d 293; hotel and restaurant commissioner, In re Advisory Opinion to Governor, FIa.1953, 63 So. 2d 321; county detective, State ex rel. Watson v. Hurlbert, 1945, 155 Fla. 531, 20 So. 2d 693; city patrolman, Curry v. Hammond, 1944, 154 Fla. 63, 16 So. 2d 523; city clerk, State ex rel. Gibbs v. Bloodworth, 1938, 134 Fla. 369, 184 So. 1; assistant county solicitors, State ex rel. Davis v. Botts, 1931, 101 Fla. 361, 134 So. 219.…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The State of Fla. ex rel. v. Sheats, 78 Fla. 583 (Fla. 1919)
- The State of Fla. ex rel v. Hocker, 39 Fla. 477 (Fla. 1897)
- State v. THE City OF Miami, 153 Fla. 90 (Fla. 1943)
- Hammond v. Curry, 153 Fla. 245 (Fla. 1943)
- Glendinning v. Curry, 153 Fla. 398 (Fla. 1943)