CITY OF MIAMI v. KELLUM

No. 61-760.

147 So.2d 147 (1962)

The CITY OF MIAMI, a Municipal Corporation of the State of Florida; Walter E. Headley, As Chief of Police, Miami, Florida; M.L. Reese, As City Manager and Director of Public Safety, City of Miami, Florida; Henry W. Korner, Executive Secretary, Civil Service Board, City of Miami, Florida, and A. Forger, Secretary of Miami City Employees' Retirement Board, City of Miami, Florida, Appellants, v. Raymond H. KELLUM, Appellee.

District Court of Appeal of Florida. Third District.

December 4, 1962.


Attorney(s) appearing for the Case

Robert D. Zahner, City Atty., Charles K. Allan, Asst. City Atty., and Milton M. Ferrell, Special Counsel for City of Miami, Miami, for appellants.

Joseph J. Gersten, Miami, for appellee.

Before PEARSON, TILLMAN, C.J., and CARROLL and BARKDULL, JJ.


PEARSON, TILLMAN, Chief Judge.

Raymond H. Kellum, a police sergeant (and, therefore, a civil service employee of the City of Miami) brought a complaint for declaratory decree against the City of Miami and the Civil Service Board. It was prayed that the Court determine his rights under specified sections of the Civil Service Rules and Regulations. In particular, he sought the court to declare (1) that he was entitled to all rights and emoluments of office from the...

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