State ex rel. Murray v. Lee
Citation | 4 So.2d 117,148 Fla. 258 |
Court | United States State Supreme Court of Florida |
Decision Date | 07 October 1941 |
Parties | STATE ex rel. MURRAY v. LEE, City Manager, v. LEE, City Manager, |
Appeal from Circuit Court, Dade County; Worth W. Trammell judge.
Walter O Marshburn, of Miami, for appellant.
J. W Watson, Jr., of Miami, for appellees.
This appeal is from an order quashing an alternative writ of mandamus.
The petition for the original writ disclosed among other things that relator was employed by respondent City as General Foreman of Parks and was so classified under the civil service regulation of said City.
Section 65(a) Charter of the City reads as follows:
Pursuant to same the Director of Public Welfare suspended relator on written charges of disobedience and neglect of duty. Relator answered the charges and a trial was had, according to the City Charter which resulted in relator's removal.
The trial judge stated in the order:
'The court finds that the Relator was given a written statement of the reasons of his suspension by the Director of Public Welfare, Gerald L. Ash, was likewise given an opportunity to be heard in his defense, and a trial was held and the Charter provisions of Section 65(a) above set forth was in all respects complied with.
'It should be remembered that mandamus is an extra-ordinary remedy and the Relator must show a clear legal right to the performance by the Respondent of the particular duty in question, and that if it were a doubtful question, the burden being upon the Relator to show a clear right to the office, this...
To continue reading
Request your trial-
City of Coral Gables v. State ex rel. Worley
...pointed out that the restrictions of a zoning ordinance should be determined in an equitable proceeding. We in part said, text 148 Fla. 257, 4 So.2d 117: 'The only question before us is whether mandamus is the proper remedy. The scope and purpose of mandamus has many times been defined by t......
- City of Miami Beach v. State ex rel. Epicure, Inc.
-
Callahan v. Curry
... ... be affirmed on authority of the opinions and judgments of ... this Court in the cases of State v. Rose, 123 Fla ... 544, 167 So. 21; State v. Smith, 134 Fla. 190, 183 ... So. 730; State ex l. Murray v. Lee, 148 Fla. 258, ... 4 So.2d 117; Reynolds v. Brigham, 144 Fla. 253, 197 ... So. 840; ... ...
- State ex rel. Holland v. City of Eau Gallie