Weitzenfeld v. Dierks

McCRARY, Circuit Judge:

This is a direct appeal from the Circuit Court of Manatee County which held that the appeal power vested in the Department of Administration by Section 30.49(4), (5) 1 is an unconstitutional attempt to vest in an appointive official unrestricted discretion. We have jurisdiction, Florida Const., Art. V, Section 3(b) (1), F.S.A.

This action was initiated by the appellant, R. W. Weitzenfeld, Sheriff of Manatee County, Florida, against Respondents, Board of County Commissioners of Manatee County, Florida, by filing a petition for an alternative writ of mandamus. The basic…