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DADE COUNTY v. KELLY

No. 32450.

153 So.2d 822 (1963)

DADE COUNTY, a political subdivision of the State of Florida, Irving G. McNayr, County Manager of Dade County, Florida, and T.A. Buchanan, Public Safety Director of Dade County, Florida, Appellants, v. Thomas J. KELLY, Appellee.

Supreme Court of Florida.

Petition for Clarification Denied June 17, 1963.

Attorney(s) appearing for the Case

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

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

Richard W. Ervin, Atty., Gen., and Gerald Mager, Asst. Atty. Gen., amicus curiae.

CALDWELL, Justice.

This case is here on appeal from the decree of the Circuit Court holding the summary discharge of the appellee-sheriff in violation of his constitutional rights. Several points of law are raised but, in reaching our conclusion, the cardinal question is whether the County Manager had the power to oust the sheriff, summarily and without notice. The able Chancellor thought not and we concede that, under the form of government conceived by the Founding...

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