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· 5/16/1924

Sirmans v. Owen

Citations

  • 87 Fla. 485
  • 100 So. 734

Syllabus

<p>1. The writ of certiorari lies only to review the actions of courts, boards of officers exercising functions clearly judicial 'or quasi-judicial.</p> <p>2. The exercise of judgment is not the only criterion by which a proceeding must, be viewed to determine whether it is . judicial.</p> <p>3. The appointment of municipal officers is not a judicial proceeding.</p> <p>4. The power 'of removal, of a police officer, which power is vested in the executive department of the City of Jacksonville, is neither judicial nor quasi-judicial.</p> <p>5. When a police officer under the provisions of an act providing for the 'creation of' a relief fund becomes potentially entitled to benefits by reason of a definite length of service in the department, such circumstance gives him no vested interest in the position he occupies that renders his removal from such position by the proper municipal authorities a judicial act.</p>

Judges: Browne, Ellis, Taylor, Terrell, West, Whitfield

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