This is an appeal from a declaratory decree setting aside certain action of the chief of police, civil service board and city manager of the City of Miami which had resulted in dismissal of the appellee, a detective captain.
The dismissal of the appellee was reviewed by the circuit court in a mandamus action brought by him. The mandamus was disposed of on the merits by an order quashing the alternative writ with prejudice. That decision of the circuit court was affirmed by this court in May 1958. See State ex rel. Eldredge v. Evans, Fla.App.1958,
The judgment appealed from must be reversed. The propriety and legality of the dismissal of the appellee were reviewed and litigated in the mandamus action. Cf. Hammond v. Curry,
Reversed.
