SPIVA v. FERNANDEZ

Nos. 73-1289, 73-1290 and 74-80.

303 So.2d 363 (1974)

Dell V. SPIVA, Jr., Appellant, v. Julian M. FERNANDEZ and Paul E. Francoeur et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 9, 1974.


Attorney(s) appearing for the Case

Yates & Fann, Miami Shores, for appellant.

John S. Miller, Jr., Tallahassee, August, Nimkoff & Pohlig, Smathers & Thompson and David S. Batcheller, Fowler, White, Humkey, Burnett, Hurley & Banick and William B. Milliken, Miami, for appellees.

Before BARKDULL, C.J., and HAVERFIELD and NATHAN, JJ.


HAVERFIELD, Judge.

Plaintiff-appellant in these consolidated appeals seeks review of three adverse judgments. The salient facts are as follows:

On or about January 1, 1967 plaintiff-appellant, Dell V. Spiva, Jr., became an apprentice pilot for the Port of Miami pursuant to § 310.04, Fla. Stat., F.S.A. which read in part as follows: "... In filling the vacancies in the number of licensed pilots for any port, the board of pilot commissioners shall prefer...

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