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CITY OF MIAMI v. PERKINS

Nos. 61-275, 61-276.

139 So.2d 178 (1962)

The CITY OF MIAMI, a Municipal Corporation, State of Florida; Walter E. Headley, As Chief of Police, Miami, Florida; M.L. Reese, City Manager and Director of Public Safety, City of Miami, Florida; and Henry W. Korner, Executive Secretary, Civil Service Board, City of Miami, Florida, Appellants, v. Leslie W. PERKINS, Appellee. The CITY OF MIAMI, a Municipal Corporation, State of Florida; Walter E. Headley, As Chief of Police, Miami, Florida; M.L. Reese, City Manager and Director of Public Safety, City of Miami, Florida; and Henry W. Korner, Executive Secretary, Civil Service Board, City of Miami, Florida, Appellants, v. John J. MALLACK, Appellee.

District Court of Appeal of Florida. Third District.

March 27, 1962.

Attorney(s) appearing for the Case

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

Joseph J. Gersten and Alex S. Gordon, Miami, for appellees.

Aronovitz, Aronovitz & Haverfield, Miami, for amicus curiae.

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

PER CURIAM.

These cases were consolidated for trial and for appeal, and this opinion shall be determinative of both cases.

The appellees are policemen of the City of Miami who were placed on the promotional eligibility register which was to expire on May 26, 1959. By order of the civil service board, this expiration date was extended one year to May 26, 1960. On December 9, 1959, the city manager issued an order freezing all promotions as an economy measure...

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