Ellis et al. v. CaldwellAnnotate this Case
The County appealed from the grant of a writ of mandamus ordering it to reinstate appellee to his former position as a fire captain and awarding him back pay and costs of litigation. The court held that because appellee had a clear legal right to reinstatement, a right violated by the County's steadfast refusal to abide by the order of the hearing officer, as affirmed by the Council on appeal, mandamus was properly granted. The court also approved the monetary award fashioned by the trial court to make appellee whole for the full amount of salary he was denied from the date of his wrongful termination. The court further held that the record showed that the County affirmatively waived its right to a hearing on the issue of attorney fees.