HomeMy WebLinkAbout2580 . ~
SEYI~lOUR B. FL~Ml_ et al, vs.
LAWRENCE D. KIMMEL, et al.
CASE NO. ;5 38 CA
~ The conclusian is inescapable. The employment of.
Kimmel and Beardsley by the City of Port St. Lucie was contr~ry
to the law ~f Florida. They conten~ however, even if unlawfull.y '
employed, that they axe entitled to retain the salaries paid to {
^ i
them. Their rational is based upon the premise that one who ;
performs actual services may be entitZed to retain the quantum
~neruit value of his services. Each presented testimony showing
. ~
- i
that in his appointive position, h~-pertormed services for the ~
- ;
~
City of Port St. Lucie at leas~ equal in value-to the salary paid, j
~ - ;
. _ 1
_ They each rely upon the Arkansas ~case of Revis v. Harris, ~
243 SW 2d. 747 (1951). In that case, the Arkansas court held
~ that where the mayor of a city received money for his services
as laborer at the municipal water and light plan and for.con-
struction oi a pipeline to a school, the quan~um meruit value of
such services could not be recovered into the public treasury
but• could be kept by him. That case is n~it controlling in Florida,
- and in any even~,it is factually distinguishable from the present ~
case. Kimmel and Bearc~sley were meenbers of the P~rt St. Lucie -
, City Council which appo~nted them, which established their duties
~ and set their salari~s, and to which they were directly responsible
for the performance of their dixties. Without doubt the employment _
of Councilmen Kimmel and Beardsley was imp~rcaper. The applicable ;
common law rules have b~zn repeatedly stated in the Attorney
~ - . ;
- General's Opinions referred to above. These ~pinions were matters ~
- " t
of public .record and readily available to the members of the City ~
- ~
. ~ - Council and:their attorney. ~ ~
- The Court holds that Councilmen Kimmel and Beardsley
. !
were unlawfu~ly appointed and that they can not now retain the i
_
fruits of their unlawful em lo ment. To a ow ~
_ p y _ 11 them to ke2p their ~
~ salaries up~n the theory of quantum ~eruit would candone and ~
- - ~
. ~ ~
- ~
. - 4 - d04K1~w~V l'A6E~?s7~ .