Sellers v. Culbertson

District Court of Appeal of Florida

Sellers v. Culbertson

224 So. 2d 808, 1969 Fla. App. LEXIS 5608

CourtDistrict Court of Appeal of Florida

DecidedJuly 15, 1969

DocketNo. 69-106

StatusPublished

Cited by2 cases

This text of 224 So. 2d 808 (Sellers v. Culbertson) 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.

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Sellers v. Culbertson, 224 So. 2d 808, 1969 Fla. App. LEXIS 5608 (Fla. Ct. App. 1969).

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Opinion

PER CURIAM.

Ralph J. Sellers, Jr., appeals from a declaratory judgment which ruled that he was barred from asserting a claim for back salary after his reinstatement as an employee of Dade County. He was reinstated after the county conceded the unconstitutionality of Section 2-51, Code of Metropolitan Dade County, because of the holding in Gardner v. Broderick, 392 U.S. 273, 88 S.Ct. 1913, 20 L.Ed.2d 1082 (1968).

The ruling concerning laches constitutes a finding of fact based upon the evidence. See City of Miami v. Carter, Fla.1958, 105 So.2d 5; Metropolitan Dade County PI. C.E.B. v. State ex rel. Bishop, Fla.App. 1968, 216 So.2d 76. The record before us is insufficient to show error, and the judgment is affirmed upon authority of Renshaw v. State ex rel. Hickland, 149 Fla. 342, 5 So.2d 700 (1942).

Affirmed.

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PER CURIAM.

Ralph J. Sellers, Jr., appeals from a declaratory judgment which ruled that he was barred from asserting a claim for back salary after his reinstatement as an employee of Dade County. He was reinstated after the county conceded the unconstitutionality of Section 2-51, Code of Metropolitan Dade County, because of the holding in Gardner v. Broderick, 392 U.S. 273, 88 S.Ct. 1913, 20 L.Ed.2d 1082 (1968).

The ruling concerning laches constitutes a finding of fact based upon the evidence. See City of Miami v. Carter, Fla.1958, 105 So.2d 5; Metropolitan Dade County PI. C.E.B. v. State ex rel. Bishop, Fla.App. 1968, 216 So.2d 76. The record before us is insufficient to show error, and the judgment is affirmed upon authority of Renshaw v. State ex rel. Hickland, 149 Fla. 342, 5 So.2d 700 (1942).

Affirmed.

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224 So. 2d 808, 1969 Fla. App. LEXIS 5608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sellers-v-culbertson-fladistctapp-1969.

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