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CITY OF MIAMI v. GIOIA

No. 67-561.

215 So.2d 780 (1968)

CITY OF MIAMI, a Municipal Corporation of the State of Florida, Melvin Reese, City Manager, Director of Public Safety, City of Miami, Florida, and Lawrence L. Kenney, Director of Department of Fire, City of Miami, Florida, Appellants, v. Paul GIOIA, L.N. Kelly, J.D. Thompson, Joe Luchte, H.S. Marsh and Ralph Richards, Appellees.

District Court of Appeal of Florida. Third District.

November 19, 1968.

Attorney(s) appearing for the Case

Alan H. Rothstein, City Atty., and Charles K. Allan, Asst. City Atty., for appellants.

Dollar & Glassford, Miami, for appellees.

Before BARKDULL and SWANN, JJ., and POPPER, DAVID, Associate Judge.

POPPER, DAVID, Associate Judge.

Appellees sought and obtained, as representatives of a class of firemen a determination of their rights and obligations pertaining to temporary work assignments as fire officers, a higher classification, under the Civil Service Rules and Regulations of the City of Miami. Rule VIII, Section 9, of said Rules reads, in part:

"* * * No employee shall be permitted to serve in a classification higher than the classification in which...

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