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BARRY v. GARCIA

No. 89-1784.

573 So.2d 932 (1991)

Richard M. BARRY, Individually, and As Chairman of the Ad Hoc Independent Review Panel of the City of Miami, Elmira Brown, Lt. Franklin E. Christmas, Officer Jorge F. Coladas, Leroy Colyer, Sgt. Alphonso Erving, Annie Gooden, Officer Herma V. Justice, Dewey W. Knight, Officer David A. Magnusson, and Rev. Willie Starks, Appellants, v. Martin GARCIA, Individually, and As President of Hispanic Officers Association, Albert Pamareiga, a Police Officer with the City of Miami, Appellees.

District Court of Appeal of Florida, Third District.

January 15, 1991.

Attorney(s) appearing for the Case

Harold Long, Jr., Miami, for appellants.

Klausner & Cohen and Robert Klausner, Miami, for appellees.

Jorge L. Fernandez, City Atty. and Albertine B. Smith and Kathryn S. Pecko, Asst. City Attys., for City of Miami, as amicus curiae.

Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.

BARKDULL, Judge.

Appellants, the Chairman and members of the Ad Hoc Independent Review Panel of the City of Miami, appeal a final order discharging an order to show cause and dismissing a petition for contempt with prejudice. We find no error in the trial court's determination that the City Commission of the City of Miami had no authority to grant subpoena power to an independent investigatory body, consisting of nonelected officials.

On January 18, 1989,...

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