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JOHNSON v. WILSON

No. BB-433.

336 So.2d 651 (1976)

Joseph M. JOHNSON, Appellant (Defendant), v. Ray WILSON, Sheriff of Okaloosa County, Florida, Appellee (Plaintiff).

District Court of Appeal of Florida, First District.

Rehearing Denied September 20, 1976.

Attorney(s) appearing for the Case

David A. Barrett, Tallahassee, for appellant.

William D. Barrow, Crestview, Jack M. Skelding, Jr. of Madigan, Parker, Gatlin, Truett & Swedmark, Ben Patterson, Tallahassee, Eugene P. Spellman, Miami, for appellee.

Robert L. Shevin, Atty. Gen., Donald D. Conn, Asst. Atty. Gen., amicus curiae.

MILLS, Judge.

The issue raised by this appeal is whether Chapter 74-274, Laws of Florida, referred to as the Police Officers' Bill of Rights, and subsequently enacted as Sections 112.531-112.534, Florida Statutes (1975), is applicable to the constitutional office of Sheriff.

On 1 September 1964, Sheriff Wilson appointed Mr. Johnson as a deputy sheriff. Johnson served as a deputy sheriff until 10 October 1974 when the Sheriff withdrew his appointment without...

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