City of Hialeah v. Bennett

District Court of Appeal of Florida

City of Hialeah v. Bennett

376 So. 2d 483, 1979 Fla. App. LEXIS 16078

CourtDistrict Court of Appeal of Florida

DecidedNovember 13, 1979

DocketNo. 79-605

StatusPublished

Cited by3 cases

This text of 376 So. 2d 483 (City of Hialeah v. Bennett) is published on Counsel Stack Legal Research, covering District Court of Appeal 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 Hialeah v. Bennett, 376 So. 2d 483, 1979 Fla. App. LEXIS 16078 (Fla. Ct. App. 1979).

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Opinion

PER CURIAM.

Affirmed on the authority of the rule stated as follows in Cahn v. Town of Huntington, 29 N.Y.2d 451, 328 N.Y.S.2d 672, 676, 278 N.E.2d 908, 910 (1972):

[A] municipal board or officer possesses implied authority to employ counsel in the good faith prosecution or defense of an action undertaken in the public interest, and in conjunction with its or his official duties where the municipal attorney refused to act, or was incapable of, or was disqualified from, acting.

Accord, Waigand v. City of Nampa, 64 Idaho 432, 133 P.2d 738 (1943); Braslow v. Barnett, 74 Misc.2d 26, 343 N.Y.S.2d 819 (Dist.Ct.1973); Krahmer v. McClafferty, 282 A.2d 631 (Super.Ct.Del.1971); see City of North Miami Beach v. Estes, 214 So.2d 644 (Fla. 3d DCA 1968), cert. disch., 227 So.2d 33 (Fla.1969); cf. Shuler v. School Board of Liberty County, 366 So.2d 1184 (Fla. 1st DCA 1978), cert. dismissed, 368 So.2d 1373 (Fla.1979).

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PER CURIAM.

Affirmed on the authority of the rule stated as follows in Cahn v. Town of Huntington, 29 N.Y.2d 451, 328 N.Y.S.2d 672, 676, 278 N.E.2d 908, 910 (1972):

[A] municipal board or officer possesses implied authority to employ counsel in the good faith prosecution or defense of an action undertaken in the public interest, and in conjunction with its or his official duties where the municipal attorney refused to act, or was incapable of, or was disqualified from, acting.

Accord, Waigand v. City of Nampa, 64 Idaho 432, 133 P.2d 738 (1943); Braslow v. Barnett, 74 Misc.2d 26, 343 N.Y.S.2d 819 (Dist.Ct.1973); Krahmer v. McClafferty, 282 A.2d 631 (Super.Ct.Del.1971); see City of North Miami Beach v. Estes, 214 So.2d 644 (Fla. 3d DCA 1968), cert. disch., 227 So.2d 33 (Fla.1969); cf. Shuler v. School Board of Liberty County, 366 So.2d 1184 (Fla. 1st DCA 1978), cert. dismissed, 368 So.2d 1373 (Fla.1979).

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376 So. 2d 483, 1979 Fla. App. LEXIS 16078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-hialeah-v-bennett-fladistctapp-1979.

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