City of Coral Gables v. City of Coral Gables Trial Board

Florida Circuit Courts

City of Coral Gables v. City of Coral Gables Trial Board

38 Fla. Supp. 2d 216

CourtCircuit Court for the Judicial Circuits of Florida

DecidedFebruary 5, 1990

DocketCase No. 89-145 AP

StatusPublished

This text of 38 Fla. Supp. 2d 216 (City of Coral Gables v. City of Coral Gables Trial Board) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Coral Gables v. City of Coral Gables Trial Board, 38 Fla. Supp. 2d 216 (Fla. Super. Ct. 1990).

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Opinion

OPINION OF THE COURT

PER CURIAM.

The City of Coral Gables¹ filed a petition for writ of certiorari requesting this Court to quash the order of the Coral Gables Trial Board. The Trial Board concluded that the City of Coral Gables erred [217]*217in its decision regarding employee, Richard Wagner. The Court remands the case to the Trial Board for a rehearing in which the correct standard of proof (preponderance of the evidence) will be utilized. The Trial Board incorrectly applied the standard of evidence “beyond a shadow of a doubt.” Wherefore, the petition is granted, the Trial Board’s order is quashed, and the case is remanded with directions to act in accordance with this Opinion.

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OPINION OF THE COURT

PER CURIAM.

The City of Coral Gables¹ filed a petition for writ of certiorari requesting this Court to quash the order of the Coral Gables Trial Board. The Trial Board concluded that the City of Coral Gables erred [217]*217in its decision regarding employee, Richard Wagner. The Court remands the case to the Trial Board for a rehearing in which the correct standard of proof (preponderance of the evidence) will be utilized. The Trial Board incorrectly applied the standard of evidence “beyond a shadow of a doubt.” Wherefore, the petition is granted, the Trial Board’s order is quashed, and the case is remanded with directions to act in accordance with this Opinion.

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Bluebook (online)

38 Fla. Supp. 2d 216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-coral-gables-v-city-of-coral-gables-trial-board-flacirct-1990.