Florida District Courts of Appeal, 1960

Futch v. City of Miami

Futch v. City of Miami
Florida District Courts of Appeal · Decided November 3, 1960 · Archie, Carroll, Chas, Odom, Pearson
124 So. 2d 31 (Southern Reporter, Second Series)

Futch v. City of Miami

Opinion of the Court

PER CURIAM.

Affirmed.

CARROLL, CHAS., J., and ODOM, ARCHIE M., Associate Judge, concur. PEARSON, Acting Chief Judge, dissents.

Dissenting Opinion

PEARSON, Acting Chief Judge

(dissenting).

The appellant as plaintiff brought an action for a declaratory decree against the city and its board of general employees retirement fund. His complaint was dismissed ‘‘with prejudice” after trial. The prayer of the complaint was twofold: 1) that the court determine whether his discharge was valid; 2) that the court determine whether he was entitled under the City of Miami general employees retirement system to benefits for retirement by virtue of an injury received in line of duty.

It is my view that the chancellor should have entered a declaratory decree upon the-subject of the retirement benefits. Cf. Rosenhouse v. 1950 Spring Term Grand. Jury, Fla.1952, 56 So.2d 445; Platt v. General Development Corporation, Fla.App. 1960, 122 So.2d 48, 50; North Shore Realty Corporation v. Gallaher, Fla.App. 1957, 99 So.2d 255, 256. See as to pension rights-after discharge. Holcomb v. Hamm, 77 N.D. 154, 42 N.W.2d 70; Creighan v. City of Pittsburgh, 389 Pa. 569, 132 A.2d 867.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.