Opinion
No. 95-2464.
June 7, 1996. Rehearing Denied July 17, 1996.
Appeal from the Circuit Court for Osceola County; Frank N. Kaney, Judge.
Robert J. Buonauro of Robert J. Buonauro, P.A., Orlando, for Appellant.
Brenda Lee London of Brenda Lee London, P.A., Orlando, for Appellees.
This is an appeal from a denial of a petition for writ of prohibition. Based upon the allegations and legal argument in the petition, by which the lower court and we are constrained, we affirm the denial of the petition. We make no ruling regarding any collateral arguments and suppositions posed in the briefs and at oral argument; a court can only consider the remedy sought in the petition, on the grounds alleged in the petition, in making its ruling.
AFFIRMED.
GRIFFIN, J., concurs.
COBB, J., concurs specially with opinion.
While I concur with the majority opinion, based upon the record before us, I have severe reservations about the validity of a municipal charter provision which, on its face, appears to allow the ouster of one member of an elected five-member commission by the affirmative vote of two other commissioners in the event of one member's absence.