Legal Opinion · Concurrence

Bush v. DuBree

District Court of Appeal of Florida

Decided April 3, 1985No. 84-2064Published

1Concurrence

ANSTEAD, C.J.,

specially concurring.

I would decide the case on the merits and affirm the decision of the trial court based upon the unambiguous language contained in the city charter providing for the may- or’s authority to. veto “any ordinance or resolution.” Since the charter specifically provides for the selection of an attorney and determination of his compensation only by “ordinance or resolution,” I presume the drafters of the charter intended that the mayor’s veto authority would apply to the hiring of counsel. Cf. Bierhorst v. Prieto, 131 So.2d 308 (La.App.1961).

2Cases cited1 opinion

  1. Bierhorst v. PrietoLouisiana Court of Appeal · 1961