VITALE v. TOWN OF SURFSIDE PENSION

No. 92-458.

624 So.2d 869 (1993)

Frank VITALE, Petitioner, v. TOWN OF SURFSIDE PENSION Fund, Respondent.

District Court of Appeal of Florida, Third District.

October 12, 1993.


Attorney(s) appearing for the Case

Klausner & Cohen and Robert D. Klausner (Hollywood), for petitioner.

Cypen & Cypen and Myles G. Cypen and Stephen H. Cypen, Miami Beach, for respondent.

Before HUBBART, FERGUSON and COPE, JJ.


PER CURIAM.

Certiorari denied.

HUBBART and FERGUSON, JJ., concur.

COPE, Judge (concurring).

I do not think this petition for writ of certiorari is procedurally barred. On the merits, I think it would be desirable if the definition of "disability retirement" contained in section 185.18, Florida Statutes (1991), applied to local law plans. However, paragraph 185.35(1)(f) allows a local law plan to incorporate disability benefits "as the municipality...

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