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CITY OF HIALEAH v. BENNETT

No. 79-605.

376 So.2d 483 (1979)

The CITY OF HIALEAH, a Municipal Corporation, Appellant, v. Dale G. BENNETT, Individually, and As Mayor of the City of Hialeah, Florida; Doris J. Magursky, William E. Moye; Joel K. Schleifer: and Jo an Moye, Appellees.

District Court of Appeal of Florida, Third District.

November 13, 1979.

Attorney(s) appearing for the Case

Goldstein & Goldstein and Harvey M. Goldstein, Miami, for appellant.

Lee E. Weissenborn and Joseph H. Weil, Miami, for appellees.

Before HAVERFIELD, C.J., SCHWARTZ, J., and MELVIN, WOODROW M. (Ret.), Associate Judge.

PER CURIAM.

Affirmed on the authority of the rule stated as follows in Cahn v. Town of Huntington, 29 N.Y.2d 451, 328 N.Y.S.2d 672, 676, 278 N.E.2d 908, 910 (1972):

[A] municipal board or officer possesses implied authority to employ counsel in the good faith prosecution or defense of an action undertaken in the public interest, and in conjunction with its or his official duties where the municipal attorney refused...

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