No. 69-106 | Fla. Dist. Ct. App. | Jul 15, 1969
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" date_filed="1968-06-10" court="SCOTUS" case_name="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" date_filed="1958-07-23" court="Fla." case_name="City of Miami v. Carter">105 So.2d 5; Metropolitan Dade County PI. C.E.B. v. State ex rel. Bishop, Fla.App. 1968, 216 So. 2d 76" date_filed="1968-12-03" court="Fla. Dist. Ct. App." case_name="Metropolitan Dade County Plumbing Contractors' Examining Board v. State ex rel. Bishop">216 So.2d 76. The record before us is insufficient to show error, and the judgment is affirmed upon authority of Renshaw v. State ex rel. Hickland, 149 Fla. 342, 5 So.2d 700 (1942).
Affirmed.