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BRANCA v. CITY OF MIRAMAR

No. 91-1389.

602 So.2d 1374 (1992)

Frank R. BRANCA, Appellant/Cross Appellee, v. CITY OF MIRAMAR, a Florida municipal corporation, Appellee/Cross Appellant, and Vicki Coceano, Mary Forzano and William Cresswell, Appellees.

District Court of Appeal of Florida, Fourth District.

August 12, 1992.

Attorney(s) appearing for the Case

Bruce Rogow of Bruce S. Rogow, P.A., and Beverly A. Pohl, Fort Lauderdale, for appellant/cross appellee.

Joseph H. Serota of Weiss Serota & Helfman, P.A., Miami, and Rafael Suarez-Rivas of Katz Kutter Haigler Alderman Davis Marks & Rutledge, Fort Lauderdale, for appellee/cross appellant.

POLEN, Judge.

Frank R. Branca appeals from a final declaratory judgment the trial court entered on April 17, 1991, in favor of the City of Miramar. The City of Miramar sought a declaratory judgment pursuant to Chapter 86, Florida Statutes, with respect to a City of Miramar Ordinance that had created a pension plan of which appellant was the only vested beneficiary. The trial court held the ordinance to be unconstitutional under Article X, Section 14, Florida Constitution...

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