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CITY OF TITUSVILLE v. ACKLEY

No. 5D00-577.

770 So.2d 755 (2000)

CITY OF TITUSVILLE, Appellant, v. O. Sam ACKLEY, Appellee.

District Court of Appeal of Florida, Fifth District.

November 17, 2000.

Attorney(s) appearing for the Case

Jeffrey E. Mandel of Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A., Orlando, for Appellant.

Jesse S. Hogg, of Hogg, Ryce & Hudson, Coral Gables, for Appellee.

PER CURIAM.

The City contends, and we agree, that the Writ of Mandamus was prematurely entered without giving the City an opportunity to file an answer and to present evidence on disputed issues of fact. For example, the City asserts that it wished to contradict Ackley's statement that the City extended the time for him to request a hearing on "charges" relating to his termination.

We, therefore, reverse the court's Writ of Mandamus and remand for further...

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