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WEITZENFELD v. DIERKS

No. 45572.

312 So.2d 194 (1975)

R.W. WEITZENFELD, Sheriff of Manatee County, Florida, Appellant, v. Kenneth D. DIERKS et al., Appellees.

Supreme Court of Florida.

Rehearing Denied May 20, 1975.

Attorney(s) appearing for the Case

Jack M. Skelding, Jr., of Madigan, Parker, Gatlin, Truett & Swedmark, Tallahassee, and Ernest S. Marshall, Bradenton, for appellant.

Paul E. Logan, of Goodrich & Hampton, Bradenton, for appellees.

McCRARY, Circuit Judge:

This is a direct appeal from the Circuit Court of Manatee County which held that the appeal power vested in the Department of Administration by Section 30.49(4), (5)1 is an unconstitutional attempt to vest in an appointive official unrestricted discretion. We have jurisdiction, Florida Const., Art. V, Section 3(b)(1), F.S.A.

This action was initiated by the appellant, R.W. Weitzenfeld, Sheriff of Manatee...

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