ALBERT HAKAM, PETITIONER,
v.
CITY OF MIAMI BEACH, A FLORIDA MUNICIPAL CORPORATION, RESPONDENT
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A municipal police officer is not a constitutional or state officer within the meaning of the Florida Constitution's provision for Supreme Court review by certiorari.
A police officer sought review by the Supreme Court of a declaratory judgment action concerning his rights under a city's Civil Service Act, which had…
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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. Lake2 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.
TERRELL, C. J., and THOMAS, ROBERTS and BUFORD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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S. Fla. Hosp. Corp. v. McCREA, 118 So. 2d 25 (Fla. 1960)…Hine v. Fox, supra. . Martin v. Powell, supra. . It might be noted that a plaintiff who has proved, i. e. legally established, specific negligence doesn’t need to resort to the res ipsa or any other doctrine. . Hakam v. City of Miami Beach, Fla., 108 So. 2d 608; Lake v. Lake, supra.…
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Estes v. City OF N. Miami Beach, 227 So. 2d 33 (Fla. 1969)…he meaning of the provisions of Fla.Const., 1885, Art. V, § 4(b), authorizing this Court to review by 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 have jurisdiction, the writ should be discharged. The basic issue presented is whether the city council exceeded its auth…
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Larson v. Harrison, 142 So. 2d 727 (Fla. 1962)…Fla. 622, 1 So. 2d 636. It does not appear that this court has heretofore determined what is 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 fact in any of these cases has the slightest influence on the case at bar. It is admitted that the petitioner, state treasurer,…
Authorities Cited
- Lake v. Lake, 103 So. 2d 639 (Fla. 1958)
- Armstrong v. City OF Tampa, 106 So. 2d 407 (Fla. 1958)
- The State of Fla. ex rel. Attorney-General v. Burns, 38 Fla. 367 (Fla. 1896)
- Advisory Opinion to Governor, 146 Fla. 622 (Fla. 1941)
- Tyre v. Wright, 146 Fla. 665 (Fla. 1941)