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CITY OF MIAMI SPRINGS v. BARAD

No. 83-1923.

448 So.2d 510 (1983)

CITY OF MIAMI SPRINGS, a Municipal Corporation Organized under the Laws of the State of Florida, and E. Michael Myers, As City Manager, Petitioners, v. The Honorable Frederick N. BARAD, Circuit Court Judge in the Eleventh Judicial Circuit in and for Dade County, Florida, and Earl C. Steffen, Respondents.

District Court of Appeal of Florida, Third District.

December 14, 1983.

Attorney(s) appearing for the Case

Paul, Landy, Beiley & Harper and Joseph S. Rosenbaum and Robert M. Sondak, Weintraub, Weintraub, Seiden, Dudley & Press and Robert Orshan, Miami, for petitioners.

Horton, Perse & Ginsberg and Mallory H. Horton, Miami, for respondents.

Before HENDRY, NESBITT and DANIEL S. PEARSON, JJ.

PER CURIAM.

We grant the petition for writ of prohibition filed by the petitioners, the defendants below, the effect of which is to prohibit the respondent trial judge from exercising jurisdiction over Count One of Respondent Steffen's amended complaint, which requests, in essence, a declaration that Steffen was wrongfully demoted from police chief to detective and prays for reinstatement to his former position with back pay. We hold that Steffen, having voluntarily...

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