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REESE v. BARON

No. 71-233.

256 So.2d 70 (1971)

Melvin L. REESE, City Manager of the City of Miami, Florida, a Municipal Corporation, Appellant, v. Marjorie Jean BARON, Administratrix of the Estate of Glenn L. Baron, Jr., Deceased, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 20, 1972.

Attorney(s) appearing for the Case

Alan H. Rothstein, City Atty., and John S. Lloyd and Harold Young, Asst. City Attys., for appellant.

Edward D. Cowart and Walter E. Gwinn, Miami, for appellee.

Before PEARSON, HENDRY and BARKDULL, JJ.

PEARSON, Judge.

The controlling question on this appeal is whether mandamus is a proper remedy whereby an executrix of an estate may enforce the rights of her deceased to a judgment of not guilty upon charges brought against the deceased pursuant to civil service rules and to require the city to pay the salary of the deceased during the period of suspension. We hold that mandamus does not lie and reverse a judgment of the circuit court which required the city manager...

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