City of Miami v. Clark

PEARSON, Judge.

The City of Miami appeals from a summary final judgment for the plaintiff-ap-pellee in a suit for declaratory relief. In essence the relief the appellee sought was the return to him of money withheld by the city from his accidental disability pension payments. The City had withheld a portion of appellee’s pension payments under an ordinance which allowed the city to recoup amounts paid under a workmen’s compensation award from a subsequent award of a disability pension.

This cause was pending when this court determined the rights of similarly situated parties in City of Miami v.…