City of Miami v. Perdomo

District Court of Appeal of Florida

City of Miami v. Perdomo

647 So. 2d 244, 1994 Fla. App. LEXIS 11119, 1994 WL 637316

CourtDistrict Court of Appeal of Florida

DecidedNovember 16, 1994

DocketNo. 94-134

StatusPublished

This text of 647 So. 2d 244 (City of Miami v. Perdomo) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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City of Miami v. Perdomo, 647 So. 2d 244, 1994 Fla. App. LEXIS 11119, 1994 WL 637316 (Fla. Ct. App. 1994).

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Opinion

PER CURIAM.

In Barragan v. City of Miami 545 So.2d 252 (Fla.1989), the supreme court invalidated a Miami ordinance which authorized the city to reduce disability pension benefits for its retired employees in an amount equal to the retired employees’ workers’ compensation benefits. In the present ease, a claimant applied for additional benefits in an amount equal to the offset taken by the city pursuant to the invalid ordinance, for the period before the Barragan decision. The Judge of Compensation Claims awarded these additional benefits and the city appealed to this court. In the interim, however, the supreme court has held that Barragan is to be only prospectively applied. See City of Miami v. Bell, 634 So.2d 163 (Fla.1994). Accordingly, we REVERSE and REMAND with directions that an order be entered which is consistent with Bell.

KAHN, MICKLE and VAN NORTWICK, JJ., concur.

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PER CURIAM.

In Barragan v. City of Miami 545 So.2d 252 (Fla.1989), the supreme court invalidated a Miami ordinance which authorized the city to reduce disability pension benefits for its retired employees in an amount equal to the retired employees’ workers’ compensation benefits. In the present ease, a claimant applied for additional benefits in an amount equal to the offset taken by the city pursuant to the invalid ordinance, for the period before the Barragan decision. The Judge of Compensation Claims awarded these additional benefits and the city appealed to this court. In the interim, however, the supreme court has held that Barragan is to be only prospectively applied. See City of Miami v. Bell, 634 So.2d 163 (Fla.1994). Accordingly, we REVERSE and REMAND with directions that an order be entered which is consistent with Bell.

KAHN, MICKLE and VAN NORTWICK, JJ., concur.

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647 So. 2d 244, 1994 Fla. App. LEXIS 11119, 1994 WL 637316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-miami-v-perdomo-fladistctapp-1994.

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