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BUTLER v. LOMELO

Nos. 75-2093, 75-2303 and 76-89.

355 So.2d 1208 (1977)

Harold BUTLER, Tom Byrnes, Joseph Destafano, Bruce Engel, Michael Petz, Peter Prior, Samuel Ramputi, Barry Schwartz, Martin C. Fay and the Sunrise Fire Fighters Association Local Union No. 2293, Appellants, v. John LOMELO, Jr., Mayor of the City of Sunrise Florida, John Komasa, Chief of the City of Sunrise Fire Department, Cecil Shine, Prentiss Whiting and Lawrence Hoffman, Councilmen of the City of Sunrise, Florida, and the City of Sunrise, a Florida Municipality, Appellees (Two Cases). City of Sunrise, a Florida Municipality, Appellant, v. Harold Butler, Tom Byrnes, Joseph Destafano, Bruce Engel, Michael Petz, Peter Prior, Samuel Ramputi, Barry Schwartz and Martin C. Fay, Appellees.

District Court of Appeal of Florida, Fourth District.

On Rehearing December 28, 1977.

Attorney(s) appearing for the Case

Robert A. Sugarman, Howard S. Susskind and Joseph Segor of Kaplan, Dorsey, Sicking & Hessen, P.A., Miami, for Harold Butler et al.

Arthur B. Parkhurst and H. Mark Purdy of Parkhurst, LaHurd & Purdy, P.A., Fort Lauderdale, for City of Sunrise et al.

LETTS, Judge.

This case comes by way of an appeal by eight firemen claiming that they were "furloughed" by the city without a proper hearing thereby suffering a denial of due process. The trial judge denied all claims for equitable relief. The city is also appealing the jury verdict awarding damages for mental anguish to the firemen, and the appeals have been consolidated.

We affirm in part and reverse in part.

We see nothing in the record to justify...

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