Sellers v. Culbertson

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,…