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DARDEN v. POLICE AND FIRE, ETC.

No. 82-34.

423 So.2d 541 (1982)

William Boone DARDEN As Chief of Police, City of Riviera Beach; William Wilkens As City Manager, City of Riviera Beach, and the City of Riviera Beach, Appellants, v. POLICE AND FIRE CIVIL SERVICE BOARD, CITY OF RIVIERA BEACH, Appellee.

District Court of Appeal of Florida, Fourth District.

December 15, 1982.

Attorney(s) appearing for the Case

Allan V. Everard, Riviera Beach, and Michael B. Davis of Walton, Lantaff, Schroeder & Carson, West Palm Beach, for appellants.

Montgomery, Lytal, Reiter, Denney & Searcy, P.A., and Edna L. Caruso, West Palm Beach, for appellee.

GLICKSTEIN, Judge.

On July 2, 1981, the Police and Fire Civil Service Board of Riviera Beach, appellee herein, filed a Petition for Enforcement, pursuant to section 120.69, Florida Statutes (1981) against the city, as well as the city manager and chief of police, all of whom promptly filed an answer, including an affirmative defense based on the board's lack of capacity to sue. Notwithstanding a stipulated order, dated August 13, 1981, which recited the petitioner...

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