DARDEN v. POLICE AND FIRE, ETC.

No. 82-257.

423 So.2d 543 (1982)

William Boone DARDEN, Chief of Police, City of Riviera Beach; William Wilkins, City Manager, City of Riviera Beach; and City of Riviera Beach, Petitioners, v. POLICE AND FIRE CIVIL SERVICE BOARD, CITY OF RIVIERA BEACH, Constituted by Its Members, Japeth Bowman, James Andrews, Rude Jackson, Vincent Goodman, Edward Crowley, Richard Lyles, James Fitzgerald and Lenny Cottrell, As Alternate, Respondents.

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 petitioners.

No appearance on behalf of respondents.


PER CURIAM.

Petitioners, who were defendants in the trial court, seek a writ of certiorari directed to the trial court's order denying their motion for summary judgment, which they sought upon the ground that the respondent board lacked capacity to sue. The petition must be denied because of the procedural posture in which petitioners are placed. On January 4, 1982, when petitioners filed a notice of appeal from the trial court's order denying their motion to dissolve...

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