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CITY OF MIAMI v. HERNDON

No. 67-620.

209 So.2d 487 (1968)

CITY OF MIAMI, a Municipal Corporation, Appellant, v. Martin C. HERNDON, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied May 13, 1968.

Attorney(s) appearing for the Case

Alan Rothstein, City Atty., and S.R. Sterbenz, Asst. City Atty., for appellant.

Bolles, Goodwin & Ryskamp, Miami, for appellee.

Before CHARLES CARROLL, C.J., and PEARSON and HENDRY, JJ.

PER CURIAM.

This is an appeal from a final declaratory judgment wherein the court held:

"* * * the procedure utilized by the City of Miami, a municipal corporation, in reducing plaintiff MARTIN C. HERNDON'S retirement allowance by the amount of Workmen's Compensation benefits previously paid to MARTIN C. HERNDON while in the employment of the City of Miami for accidental injury prior to his award of retirement under § 2-91(1) of the Miami City Code,...

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