JOSEPH T. MILLER ET AL., APPELLANTS,
v.
ERNEST E. CARBONELLI ET AL., APPELLEES
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The Florida Supreme Court upheld a village council's payment of $1,000 in public funds to defend a councilman against a quo warranto challenge to his election as mayor. The court held that the council was justified in using public funds to defend its own official action in electing the mayor, despite the personal interests of the parties involved.
The council was justified in expending public funds to defend the quo warranto action because the village itself had a primary stake in the controversy—the office of mayor and its powers were cast in doubt by the attack, making the defense of the council's official action in electing the mayor a proper use of public funds.
“We see nothing wrong in the action. Though Bodner and Cudlipp had a personal interest in the outcome, the village itself had a primary stake in the controversy because the office of mayor and the powers exercised by the incumbent were cast in doubt by the attack of one councilman against another.”
Establishes the court's key holding that despite personal interests of individual parties, the municipality's interest in defending its official action justified the use of public funds.
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Join FLexlaw to unlock all legal intelligenceJoseph T. Miller and two village councilmen (Bodner and Bauer) sued village councilmen and officials seeking recovery of $1,000 paid to attorney Rober…
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THOMAS, Justice.
The complaint was filed by Joseph T. Miller, Charles J. Bodner, as mayor and councilman, and Paul J. Bauer, as councilman of the village of El Portal, against Ernest E. Carbonelli, Edward A. Cudlipp, C. L. Eddleblute, C. G. Nuckols, Fred L. Rouse, Joseph A. V/anick and Donald L. West, councilmen of the village, Elmer F. Boss, town clerk, and Robert H. Anderson, an attorney. The plaintiffs were described as citizens, residents and taxpayers of the village and all parties, except Joseph T. Miller and Robert H. Anderson, were represented as suing or sued in their individual as well as official capacities.
The suit was brought as a class suit in behalf of the village and its citizens to retrieve from the defendants the sum of one thousand dollars paid Anderson for his services as an attorney for the representation of Cudlipp in a quo warranto action against Cudlipp by Bodner. Under the charter the mayor of the village is elected by the councilmen from their number. The council had elected Cudlipp to the post; Bodner challenged by quo war-ranto Cudlipp’s right to the office. The council, to protect Cudlipp’s claim to the office by defending the action it had taken in electing him, paid the fee for his defense.
Wé see nothing wrong in the action. Though Bodner and Cudlipp had a personal interest in the outcome, the village itself had a primary stake in the controversy .because the office of mayor and the powers exercised by the incumbent were cast in' doubt by the attack of one councilman against another. In this quarrel within the councilmanic family the issue not only immediately and directly affected the proper governance and administration of village affairs but the official action of the councilmen as electors was challenged. In this situation the council was thoroughly justified in expending public funds to insure that the action they had taken in the choice of a mayor was properly defended, and consequently to dispel any doubt about the exercise by Cudlipp of the prerogatives of the office of mayor. Cf. City of Jacksonville Beach v. Waybright, 130 Fla. 525, 178 So. 401; Godard v. Campbell, 143 Fla. 419, 196 So. 814; Cheesebrew v. Town of Point Pleasant, 71 W.Va. 199, 76 S.E. 424, 79 S.E. 350, L.R.A. 1917D, 237.
Affirmed.
DREW, C. J., and HOBSON and THORNAL, JJ., concur.
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Thornber v. City OF Fort Walton Beach, 568 So. 2d 914 (Fla. 1990)…recognized that public officials are entitled to legal representation at public expense to [*917] defend themselves against litigation arising from the performance of their official duties while serving a public purpose. E.g., Miller v. Carbonelli, 80 So. 2d 909 (Fla.1955); Williams v. City of Miami, 42 So. 2d 582 (Fla.1949); Peck v. Spencer, 26 Fla. 23, 7 So. 642 (1890); Lomelo v. City of Sunrise, 423 So. 2d 974 (Fla. 4th DCA 1982), review dismissed, 431 So. 2d 988 (Fla. 1983); Ellison v. Reid, 397 So. 2d…
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Markham v. State, 298 So. 2d 210 (Fla. 1st DCA 1974)…erest which would be affected by the outcome of the proceedings. This case falls within the reasoning of Miller v. Carbonelli, supra, and Duplig v. City of South Daytona, supra. * * * ” (227 So. 2d at page 35) Miller v. Carbonelli, Sup.Ct.Fla.1955, 80 So. 2d 909, relied upon by the Supreme Court in the Estes case, and there cited, involved the payment of legal fees in defense of a quo warranto action brought by one councilman against the new mayor elected by the council from their own number. The suit chall…
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City OF N. Miami Beach v. Estes, 214 So. 2d 644 (Fla. 3d DCA 1968)…own council to defend a suit which challenged the validity of the mayor’s election was, in fact, a wrongful appropriation of public funds. However, we feel that the controlling decision in this matter was rendered in Miller v. Carbonelli, Fla. 1955, 80 So. 2d 909. There, a quo warranto action had been brought against a municipal councilman in a class action which sought to unseat him. The action itself was directed at alleged misconduct in the election which occurred before the councilman had been admitted t…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- City of Jacksonville Beach v. Waybright, 130 Fla. 525 (Fla. 1938)
- Godard v. Campbell, 143 Fla. 419 (Fla. 1940)