CITY OF OPA LOCKA, A MUNICIPAL CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, APPELLANT,
v.
GEORGE CARLILE, JR., APPELLEE
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The City of Opa-Locka appealed a circuit court decision that quashed a police officer's dismissal via writ of certiorari, finding insufficient substantial competent evidence supported the termination for failure to assist with paperwork. The appellate court affirmed, holding the circuit court properly applied the legal standard for reviewing administrative agency decisions.
The court affirmed the circuit court's decision, holding that the circuit court correctly determined no substantial competent evidence supported Carlile's dismissal. The court rejected both of the City's arguments on appeal regarding the evidentiary basis for dismissal and the award of back pay.
[1] A circuit court reviewing an administrative body's determination via writ of certiorari must determine whether the administrative body had before it competent substantial…
[2] The function of a court in certiorari proceedings reviewing an administrative body's determination is not to weigh conflicting evidence, but to review whether the determi…
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Join FLexlaw to unlock all legal intelligence“The extent of our review on this appeal is to decide whether the circuit court applied the applicable law and acted in accordance with established procedure. The error which must be demonstrated for reversal is an error of the circuit court not the board. It was the court's duty to determine whether the board had before it competent substantial evidence to support its findings and conclusions and complied with the essential requirements of law.”
Establishes the standard of review for appellate courts reviewing circuit court decisions in certiorari cases involving administrative agency determinations.
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Join FLexlaw to unlock all legal intelligenceGeorge Carlile, Jr., a police officer with the City of Opa-Locka, was dismissed on June 19, 1974, for allegedly failing to assist another officer with…
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PER CURIAM.
Appellant, the City of Opa-Locka, respondent below, brings this appeal from a final order of the circuit court issuing its writ of certiorari and quashing a dismissal of appellee, petitioner below, from employment with appellant. Said order also awarded back pay to appellee.
On June 19, 1974, appellee was dismissed from his position as police officer with appellant. The dismissal was for his alleged failure to assist another police officer with certain paperwork in violation of appellant’s personnel rules. Appellee appealed to the City of Opa-Locka Personnel Board, and on July 24-25, 1974, a public hearing was held and a majority of the Personnel Board made findings of fact and recommended to the City Manager of appellant that appellee’s dismissal be upheld due to his violation of appellant’s personnel rules. Based on these findings of fact and recommendation, appellee’s dismissal was upheld.
Appellee then filed a petition for writ of certiorari in the circuit court which on February 7, 1975 issued an order granting certiorari, quashing appellee’s dismissal, and ordering his reinstatement with back pay. From this order, appellant appeals.
Appellant raises two points on appeal First, it contends that the circuit court erred in issuing the order based upon its finding that there did not exist substantial competent evidence to warrant appellee’s dismissal and, second, it contends that the circuit court erred in ordering appellant to pay appellee all the compensation he would have been otherwise entitled to receive had he not been removed from employment. As stated by this court in Southern Gulf Util. v. Metropolitan Dade Co. W. & S. Bd., Fla.App.1965, 180 So. 2d 481, 483:
“The extent of our review on this appeal is to decide whether the circuit court applied the applicable law and acted in accordance with established procedure. The error which must be demonstrated for reversal is an error of the circuit court not the board. It was the court’s duty to determine whether the board had before it competent substantial evidence to support its findings and conclusions and complied with the essential requirements of law.”
In the instant appeal, our review is likewise limited.
In certiorari proceedings brought relative to the determinations of an administrative body, it is an often cited principle that the function of the court is not to weigh conflicting evidence, but rather to review whether such determinations are supported by substantial competent evidence. Southern Gulf Util. v. Metropolitan Dade Co. W. S. Bd., Fla.App.1965, 180 So. 2d 481; Ammerman v. Florida Board of Pharmacy, Fla.App.1965, 174 So. 2d 425; Florida State Board of Dental Exam. v. Feinglass, Fla.App.1964, 166 So. 2d 686; 1 Fla.Jur., Administrative Law, §§ 191-194, and cases cited therein. Here the circuit court, acting as the reviewing court on petition for certiorari from the Personnel Board, held that there did not exist substantial competent evidence to warrant the dismissal of appellee from his position as police officer with appellant.
Applying the above rationale to this appeal, we find that the chancellor was eminently correct in his decision of the issue raised concerning the evidence. We have considered appellant’s other point on appeal and find it to be without merit.
We have considered the record, all points in the briefs and arguments of counsel in the light of the controlling principles of law, and have concluded that no reversible error has been demonstrated. Therefore, for the reasons stated and upon the authorities cited, the order appealed is affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Campbell v. Vetter, 392 So. 2d 6 (Fla. 4th DCA 1980)…27 So. 2d 230 (Fla. 4th DCA 1976). Such action would amount to an improper granting of a trial de novo. See, Southern Gulf Utilities v. Metropolitan Dade County Water and Sewer Board, 180 So. 2d 481 (Fla. 3rd DCA 1965); City of Opa Locka v. Carlile, 323 So. 2d 661 (Fla. 3rd DCA 1975). In exercising our common law cer-tiorari jurisdiction to review a decision of the circuit court acting in its review capacity, our review is even more limited in scope. It extends only to a determination of whether the circuit…
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Chastain v. Civil Serv. Bd. OF Orlando, 327 So. 2d 230 (Fla. 4th DCA 1976)…he conclusion that the charge was sustained. That being so, neither the circuit court in its appellate capacity nor this court should reweigh the conflicting evidence. Wilson v. McCoy Mfg. Co., 69 So. 2d 659 (Fla.1954); City of Opa Locka v. Carlile, 323 So. 2d 661 (3rd DCA Fla. 1975). Affirmed. WALDEN, C. J., and DOWNEY, J., concur.…
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Metro. Dade Cnty. v. Bertram Craven, 458 So. 2d 1145 (Fla. 3d DCA 1984)…ulation, Board of Medical Examiners, 448 So. 2d 1087 (Fla. 1st DCA 1984); Metropolitan Dade County v. Stein, 296 So. 2d 643, 645 (Fla. 3d DCA 1974) (Carroll, J., dissenting), cert. denied, 307 So. 2d 185 (Fla.1975); cf. City of Opa-Locka v. Carlile, 323 So. 2d 661 (Fla. 3d DCA 1975) (no competent evidence warranted dismissal and reinstatement proper because no question of unresolved issues), cert, dismissed, 330 So. 2d 15 (Fla. 1976).…
Authorities Cited
- The Fla. State Bd. OF Dental Exam'rs v. Feinglass, 166 So. 2d 686 (Fla. 3d DCA 1964)
- Ammerman v. The Fla. Bd. OF Pharmacy, 174 So. 2d 425 (Fla. 3d DCA 1965)
- S. Gulf Utils., Inc. v. Metro. Dade Cnty. Water & Sewer Bd., 180 So. 2d 481 (Fla. 3d DCA 1965)