Legal Opinion · Dissent

Bailey v. Baron

District Court of Appeal of Florida

Decided November 14, 1972No. 71-641Published

1DissentBarkdull, Chief Judge

Following a review of the opinions authored by Judge Pearson and Judge Hendry, I concur in so much of Judge Pearson’s opinion which holds that the trial court erred in adjudicating a trust [as relates to the Miami Police Relief and Pension Fund] for the reason that the deceased made no contributions to this fund and there was no res that he could secure during his lifetime. However, as to the Miami City Employees’ Retirement System, this was funded primarily with employee contributions and upon Glenn Baron removing himself from the classified service, he was entitled to receive a return of…

2Cases cited3 opinions

  1. McIntosh v. AubreySupreme Court of the United States · 1902
  2. Voelkel v. TohulkaIndiana Supreme Court · 1957
  3. Boylan v. JoyceSupreme Court of New Jersey · 1939

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