Miller v. Davis

(agreeing in part and dissenting in part).

There are numerous cases decided by this Court which hold that additional duties and ex officio authority may be vested in an official, whether serving in the executive or judicial branch of the government, where such official has already been commissioned through the elective or appointive process.

See Whitaker v. Parsons, 80 Fla. 352, 86 So. 247; Lainhart v. Catts, 73 Fla. 735, 75 So. 47; Hardee v. State ex rel. Gaines, 83 Fla. 544, 91 So. 909, and Amos v. Mathews, 99 Fla. 1, 126 So. 308. In the last cited case, on page 335 (So.Rep.) the Court points…