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DADE COUNTY v. KELLY

No. 62-790.

149 So.2d 382 (1963)

DADE COUNTY, Florida, Irving G. McNayr, County Manager of Dade County, and T.A. Buchanan, as Acting Public Safety Director of Dade County, Florida, with the Title Metropolitan Sheriff of Dade County, Florida, Appellants, v. Thomas J. KELLY, Appellee.

District Court of Appeal of Florida. Third District.

February 7, 1963.

Attorney(s) appearing for the Case

Darrey A. Davis, County Atty., for appellants.

Milton M. Ferrell and J.M. Flowers, Miami, for appellee.

Before CARROLL, HORTON and HENDRY, JJ.

PER CURIAM.

Upon hearing argument on this interlocutory appeal and on a motion for a constitutional writ, involving the right to the job or office of sheriff of Metropolitan Dade County, and prior to rendering decision thereon, this court has concluded that the appeal should have been taken to the Supreme Court of Florida because it appears that the interlocutory order involved is made in a chancery suit in which the final decree would be directly appealable to the...

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