Bush v. DuBree

Florida District Courts of Appeal April 3, 1985

Bush v. DuBree, 466 So. 2d 427 (1985)

10 Fla. L. Weekly 863; 1985 Fla. App. LEXIS 13283

Anstead, Letts, Walden

Opinion of the Court

PER CURIAM.

Dismissed as moot.

LETTS and WALDEN, JJ., concur. ANSTEAD, C.J., specially concurs with opinion.

Concurring Opinion

ANSTEAD, C.J.,

specially concurring.

I would decide the case on the merits and affirm the decision of the trial court based upon the unambiguous language contained in the city charter providing for the may- or’s authority to. veto “any ordinance or resolution.” Since the charter specifically provides for the selection of an attorney and determination of his compensation only by “ordinance or resolution,” I presume the drafters of the charter intended that the mayor’s veto authority would apply to the hiring of counsel. Cf. Bierhorst v. Prieto, 131 So.2d 308 (La.App. 1961).

Reference

Full Case Name: Marvin B. BUSH, James A. Grady, Wayne W. Musgrave, the City of Wilton Manors, and James Cherof v. Robert H. DuBREE, Mayor of the City of Wilton Manors
Cited By: 1 case
Status: Published