City of Miami v. Herndon

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, is illegal, void, and conflicts with Florida Statute 440.09(4).”

The City of Miami as appellant urges that the procedure it wishes to follow is authorized by…