FLORIDA EAST COAST RAILWAY COMPANY, A FLORIDA CORPORATION, PETITIONER,
v.
EARL L. STAGER, RESPONDENT
FLORIDA EAST COAST RAILWAY COMPANY, A FLORIDA CORPORATION, PETITIONER,
EARL L. STAGER, RESPONDENT
189 So. 2d 194
Florida District Court of Appeal, Third District (1966)
Positive Treatment
Cited by 8 cases
Opinion of the Court
The issues raised by the petition for writ of certiorari were decided in our decision filed on this date, August 2, 1966, Stager v. Florida East Coast Railway Company, Fla.App.1966, 189 So.2d 192.
Certiorari does not lie to review an order if. there is any other adequate remedy. Fort v. Fort, Fla.App.1958, 104 So.2d 69.
Accordingly, petition for writ of certio-rari is denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Alto Adams v. Dickinson, 264 So. 2d 17 (Fla. 1st DCA 1972)…this hiatus, our ultimate conclusion is now drawn. Our courts have liberally construed pension statutes under the theory of avoiding an inequitable result. State ex rel. Holton v. Tampa, 119 Fla. 556, 159 So. 292 (1934) ; City of Hialeah v. Willey, 189 So. 2d 194 (Fla.App.1966). To now deny appellant his right to “elect” to make [*22] back payments (a right which only ripened upon reassumption of his last active service), would be inequitable, in view of the fact that appellant could have exercised such righ…1 / 2
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City OF Opa-Locka v. Woodard, 252 So. 2d 852 (Fla. 3d DCA 1971)…itable result. I think it would be inequitable to construe the ordinance in question so as to deprive the appellee of his disability pension by compelling him to accept work under a different classification. City of Hialeah v. Willey, Fla.App. 1966, 189 So. 2d 194. I think the order appealed should be affirmed.…
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City OF Hialeah v. Carroll J. Willey, 227 So. 2d 725 (Fla. 3d DCA 1969)…disabled for performance of duty as a fireman first class. A dispute as to whether he was entitled to retirement benefits or could be required to work in a lesser reassigned capacity reached this court. See City of Hialeah v. Wil-ley, Fla.App. 1966, 189 So. 2d 194. Therein this court said: “When an employee has served the city with the expectation that he will be retired upon receiving a disabling injury in the line of duty, it is clearly inequitable to deprive him of his pension rights by compelling his acce…
Authorities Cited
- Fort v. Anne Burton Fort, 104 So. 2d 69 (Fla. 1st DCA 1958)
- Stager v. Fla. E. Coast Ry. Co., 189 So. 2d 192 (Fla. 3d DCA 1966)