Campbell v. Vetter, 77-757
| Citation | 375 So.2d 4 |
| Decision Date | 16 May 1979 |
| Docket Number | No. 77-757,77-757 |
| Court | Court of Appeal of Florida (US) |
| Parties | Edward CAMPBELL, Chairman, etc., et al., Appellants, v. Paul R. VETTER, Appellee. |
James A. Thomas, Deputy City Atty. and J. T. Frankenberger, City Atty., Hollywood, for appellants Edward Campbell and City of Hollywood.
Sheldon M. Schapiro of Stone & Schapiro, Hollywood, for appellee.
This is an appeal by the City of Hollywood, Florida from a final "order" of the circuit court granting a petition for writ of certiorari filed by Paul R. Vetter, a city police officer. In his petition for writ of certiorari Mr. Vetter sought review of an order of the Civil Service Board of the City of Hollywood upholding the appellee's discharge from his employment as a city police officer. Without delineating his reasons therefore the circuit judge reversed the Civil Service Board and ordered the City to reinstate appellee immediately with full back pay for approximately seventeen months. In effect, this was a per curiam reversal without opinion.
We first must consider the scope of review applicable to the circuit court's jurisdiction. Although the court may have come to a different conclusion from that reached by the Board, the weight and credibility of the evidence is solely the function of the Board sitting as the administrative fact finder. "In certiorari proceedings from an order of an administrative agency in a quasi-judicial proceeding, the circuit court is limited in the scope of its review to a determination of whether procedural due process had been accorded, whether essential requirements of law had been observed and whether the charges were supported by substantial, competent evidence. . . ." Metropolitan Dade County v. Mingo, 339 So.2d 302 (Fla.3d DCA 1976).
Appeal from the circuit court in the exercise of its common law certiorari jurisdiction is also a limited review. This review extends only to a determination of whether or not the circuit court followed procedural due process and applied the appropriate law. Metropolitan Dade County v. Mingo, supra. Neither reviewing court should reweigh the conflicting evidence. Chastain v. Civil Service Board of Orlando, 327 So.2d 230 (Fla. 4th DCA 1976).
Our task is not any less difficult because of the lack of an opinion of the circuit court as to why he ruled as he did. From a review of the record it would appear that he reweighed the evidence; however, we are reluctant to make such a conclusion...
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McGirt v. Broward Coll.
...whether the administrative findings and judgment are supported by competent substantial evidence." (emphasis added)); Campbell v. Vetter, 375 So. 2d 4 (Fla. 4th DCA 1979) (appeal from order of circuit court granting petition for writ of certiorari filed by plaintiff seeking review of an ord......
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Odham v. Petersen, 80-439
...re-weigh the board's determination of the weight of the evidence. Campbell v. Vetter, 392 So.2d 6 (Fla. 4th DCA 1980); Campbell v. Vetter, 375 So.2d 4 (Fla. 4th DCA 1979); Chastain v. Civil Service Board of Orlando, 327 So.2d 230 (Fla. 4th DCA 1976). Once the ordinance criteria was establis......
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Campbell v. Vetter, 77-757
...review by certiorari directed to circuit courts acting in their review capacity over local administrative boards. 1 Campbell v. Vetter, 375 So.2d 4 (Fla. 4th DCA 1979). We were unable to determine whether our writ should issue because the circuit court had reversed the order of the Board wi......
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City of Deerfield Beach v. Vaillant
...DCA 1980), review denied, 399 So.2d 1140 (Fla.1981); Phipps v. Board of Adjustment, 388 So.2d 317 (Fla. 4th DCA 1980); Campbell v. Vetter, 375 So.2d 4 (Fla. 4th DCA 1979); Civil Service Board, City of Fort Lauderdale v. Carter, 363 So.2d 858 (Fla. 4th DCA 1978). As a case moves up the appel......