Hakam v. City of Miami Beach
| Citation | 108 So.2d 608 |
| Decision Date | 28 January 1959 |
| Docket Number | No. 29527,29527 |
| Parties | Albert HAKAM, Petitioner, v. CITY OF MIAMI BEACH, a Florida municipal corporation, Respondent. |
| Court | United States State Supreme Court of Florida |
Pruitt & Pruitt, Miami, for petitioner.
Joseph A. Wanick, Miami Beach, for respondent.
The Circuit Court of Dade County, in a declaratory judgment action concerning petitioner's rights under the Civil Service Act of respondent City, entered a decree adverse to the contentions of the petitioner police officer of the City. On appeal the District Court for the Third District affirmed without opinion.
Asserting that such police officer is a constitutional or state officer within the meaning of the Constitution, 1 an attempt is made here to have the per curiam order of affirmance of the District Court reviewed by us. Our opinion in Lake v. Lake 2 is sufficient to deny the petition for certiorari. In addition, however, it is quite obvious that a police officer of a municipal corporation is not a 'constitutional or state officer' as contemplated by the germane constitutional provision. 3
Certiorari denied.
1 Art. V, Sec. 4(b) of the Florida Constitution (), F.S.A., provides 'The supreme court may review by certiorari any decision of a district court of appeal that effects a class of constitutional or state officers * * *.'
2 Fla., 103 So.2d 639.
3 See Advisory Opinion to Governor, 146 Fla. 622, 1 So.2d 636; State ex rel. Swearingen v. Jones, 79 Fla. 56, 84 So. 84; State ex rel. Attorney General v. Burns, 38 Fla. 367, 21 So. 290. Cf. Armstrong v. City of Tampa, 1958 Fla., 106 So.2d 407, holding that the words 'State Statute' in amended Art. V, Sec. 4(b) does not include municipal ordinances.
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...proved, i. e. legally established, specific negligence doesn't need to resort to the res ipsa or any other doctrine.15 Hakam v. City of Miami Beach, Fla., 108 So.2d 608; Lake v. Lake, ...
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Larson v. Harrison
...comprehended in the phrase 'a class of constitutional or state officers.' In this I do not overlook what we said in Hakam v. City of Miami Beach, Fla.1959, 108 So.2d 608; State v. Robinson, Fla.1961, 132 So.2d 156, and Lake v. Lake, Fla.1958, 103 So.2d 639, 642. Nothing said as to law or fa......
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Estes v. City of North Miami Beach, 38027
...certiorari any decision of a District Court of Appeal that affects a class of 'constitutional or state officers.' See Hakam v. City of Miami Beach, 108 So.2d 608 (Fla.1959). Certiorari was granted because of a possible conflict, but if, after argument, it appears that the Court does not hav......