Lockleer v. City of West Palm Beach
| Decision Date | 06 February 1951 |
| Citation | 50 So.2d 348 |
| Parties | LOCKLEER v. CITY OF WEST PALM BEACH et al. |
| Court | Florida Supreme Court |
Paty, Warwick & Paul, West Palm Beach, for petitioner.
Jordan Johnson, West Palm Beach, for Richard M. Allshire and C. Robert Burns, West Palm Beach, for City of West Palm Beach, respondents.
The City of West Palm Beach filed its amended bill of complaint in the Circuit Court alleging that Trueman P. Matthews, its Chief of Police, died December 8, 1950; that petitioner William D. Lockleer was at that time and is now, acting as Chief of Police of said City, and that under the law he is entitled to continue to do so; that respondent Richard M. Allshire also claims title to said office. The prayer of the bill of complaint is for declaratory decree to determine whether Lockleer or Allshire is entitled to act as Chief of Police or whether an election should be held to fill said vacancy.
Lockleer and Allshire answered the bill, both claiming to be senior officer in the Police Department by virtue of which they claim title to the office of Chief of Police of West Palm Beach. On the issues so made the Circuit Court entered a final decree holding that Allshire was Chief of Police and should be recognized as such. Petitioner forthwith entered his appeal challenging the correctness of the final decree and moved the Court for an order fixing the terms and conditions of supersedeas bond. The Circuit Court granted the motion in part but denied it as to paragraphs 7, 8 and 11, being that part holding Richard M. Allshire to be the Chief of Police and requiring that he be recognized as such.
We are confronted with a motion of appellant under Rule 35 of the Rules of this Court, 30 F.S.A., praying that the appeal operate as a supersedeas and stay all proceedings in the cause pending the determination of the appeal, conditioned upon Lockleer posting a good and sufficient bond as the Court may direct.
An historical inspection of the controlling law reveals that supersedeas pending the disposition of a cause on appeal is a matter of right when the prerequisites to granting are performed and that its effect is to stay all proceedings in the court below. Section 4621, Compiled General Laws of Florida 1927, Section 59.13, Florida Statutes 1941, Chapter 22854, Acts of 1945, F.S.A. The very purpose of Rule 35 was to nullify the cumbersome practice of requiring counsel to procure a transcript of the record on appeal and present it to this Court or a Justice thereof, and secure...
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