Jones v. City of Fort Lauderdale
Jones v. City of Fort Lauderdale
Opinion of the Court
The petition for certiorari here asserts that the decision of the District Court
“The heart of this certiorari is that when the Second District Court of Appeal affirmed the Decree below on the ground that:
“ ‘The Supreme Court held fin City of Hollywood v. Bair] that the municipality had the power to authorize persons other than plumbers to perform the work involved so long as the public health of the citizenry was being safeguarded by means of certain standards which were imposed upon those persons performing the work’ (A. 37)
*796 the Second District Court of Appeal was giving an erroneous interpretation to the decision of this Court in City of Hollywood v. Bair because the holding of this Court was limited to work not plumbing — the holding was, con-formably to the decision of this Court in the earlier City of Coral Gables v. Seiferth case—that if plumbing work were involved the municipality must license under and conform to Chapter 469.
“The decision of the District Court of Appeal, Second District, which Petitioners seek to have reviewed, creates a real and embarrassing conflict of opinion and authority between it and City of Coral Gables v. Seiferth and City of Hollywood v. Bair.”
The Coral Gables
In the Bair case
“It seems to us that the city may recognize all three [master plumbers, journeyman plumbers and licensed septic tank installers] under the power granted by Sec. 469.05, supra, and that it would not be logical to hold that the septic tank installers should be isolated, that the work done by them should be declared plumbing, and that they, therefore, should be prevented from making the connections under the limitations of the ordinance.”
We hold the District Court in the case here under consideration correctly decided the issues before it in accord with the two-decisions discussed here.
The writ is discharged.
. Jones v. City of Fort Lauderdale, et al. (DCA 2d), 154 So.2d 868.
. 87 So.2d 806.
. City of Hollywood v. Bair, FIa.1957, 93 So.2d 60.
Reference
- Full Case Name
- Dik JONES, Henry A. Moses, Erwin H. Brandt and Aabar Plumbing, Inc., a Florida corporation v. The CITY OF FORT LAUDERDALE, Florida, a municipal corporation under the laws of the State of Florida, and Intercounty Construction Corporation, a foreign corporation, Intervenor
- Status
- Published