Florida District Courts of Appeal, 1991

Moraski v. City of Hollywood

Moraski v. City of Hollywood
Florida District Courts of Appeal · Decided January 23, 1991 · Dell, Stone, Warner
572 So. 2d 1038; 1991 Fla. App. LEXIS 384; 1991 WL 4315 (Southern Reporter, Second Series)

Moraski v. City of Hollywood

Opinion of the Court

PER CURIAM.

We reverse the final summary judgment and remand for further proceedings.

This appeal concerns the proper interpretation of the City of Hollywood’s Pension and Disability Ordinance and its application to an injured city employee. At oral argument the appellee conceded that not all applicable and material portions of the ordinances being construed were in the record before this court nor had they been available to the trial court. We find that the ordinance is ambiguous and that the omission of material portions precluded the trial court from concluding this proceeding by way of summary judgment. Furthermore, appellee has not refuted appellant’s allegations that various employees of the city had represented to appellant that he would be covered under the disability plan at the higher rate. This raises issues of contract with respect to appellant’s employment which have nowhere been addressed.

Reversed and remanded for further proceedings.

DELL, STONE and WARNER, JJ., concur.

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