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CITY OF MIAMI v. FRATERNAL ORDER OF POLICE

Nos. 79-517, 79-491.

378 So.2d 20 (1979)

CITY OF MIAMI, a Municipal Corporation, Paul Andrews and Garland Watkins, Appellants, v. FRATERNAL ORDER OF POLICE LODGE NO. 20 OF the CITY OF MIAMI, a Labor Organization; Robert Edmunds and Ernesto Ruiz, Appellees. FRATERNAL ORDER OF POLICE LODGE NO. 20 OF the CITY OF MIAMI, a Labor Organization; Robert Edmunds and Ernesto Ruiz, Appellants, v. CITY OF MIAMI, a Municipal Corporation; Paul Andrews and Garland Watkins, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 8, 1980.

Attorney(s) appearing for the Case

George F. Knox, City Atty., and Nestor Cruz, Asst. City Atty., Seyfarth, Shaw, Fairweather & Geraldson and Peter J. Hurtgen, Miami, for City of Miami.

Weinsoff & Weinsoff and Irving Weinsoff, Miami, for Fraternal Order of Police, Lodge No. 20, Robert Edmunds and Ernesto Ruiz.

Before HENDRY, HUBBART and SCHWARTZ, JJ.

SCHWARTZ, Judge.

Edmunds and Ruiz were probationary police offices of the City of Miami when they were summarily discharged in 1975. There is no question but that, as probationers, they could be lawfully fired without cause and without assignment of reasons. Both officers, however, insisted to their superiors in the department that they were entitled to a pre-termination advisory hearing before the Departmental Disciplinary Review Board (DDRB), a panel established...

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