M. L. REESE, AS CITY MANAGER, THE CITY OF MIAMI, A MUNICIPAL CORPORATION EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, APPELLANT,
v.
THE STATE OF FLORIDA EX REL. MALCOLM E. GRACY, APPELLEE

Fla. 3d DCA | 1968-07-02
No. 68-147
Before CHARLES CARROLL, C. J., and PEARSON and BARKDULL, JJ.
212 So. 2d 347 Florida District Court of Appeal, Third District (1968) Positive Treatment
Cited by 22 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The final order of the trial judge is hereby affirmed, except as modified in that the appellee, Malcom E. Gracy, shall not receive additional pay from the appellant City except for the period from January 10, 1967 until June 20, 1967 in an amount necessary to bring his total compensation to a rate of $1,025.00 per month for said period.

Affirmed as modified.


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  • Dorinda POL v. POL, 705 So. 2d 51 (Fla. 3d DCA 1997)
    …contract. See Nat’l Health Lab., Inc. v. Bailmar, Inc., 444 So. 2d 1078 (Fla. 3d DCA), review denied, 453 So. 2d 43 (Fla.1984); Int'l Expositions, Inc. v. City of Miami Beach, 274 So. 2d 29 (Fla. 3d DCA 1973); All-Dixie Ins. Agency, Inc. v. Moffatt, 212 So. 2d 347 (Fla. 3d DCA 1968). Instead, the plain meaning of the actual language used by the parties controls. See Maher v. Schumacher, 605 So. 2d 481 (Fla. 3d DCA 1992); Acceleration Nat'l Serv. Corp. v. Brickell Fin. Servs. Motor Club, 541 So. 2d 738 (Fla. 3…
  • Madison v. Midland Nat'l Life Ins. Co., 648 So. 2d 1226 (Fla. 4th DCA 1995)
    …v. Mutual Benefit Health & [*1228] Accident Ass’n, 133 Fla. 510, 183 So. 311 (1938); State Farm Fire & Casualty Co. v. Oliveras, 441 So. 2d 175, 178 (Fla. 4th DCA 1983), rev. denied, 451 So. 2d 849 (Fla.1984); All-Dixie Ins. Agency, Inc. v. Moffatt, 212 So. 2d 347, 350 (Fla. 3d DCA 1968). Second, we conclude that the trial court did not err, as urged, in entering a summary judgment for the defendant insurer on the plaintiff insured’s negligent misrepresentation claim. On this record, it is clear that the def…
  • Bleemer v. Keenan Motors, Inc., 367 So. 2d 1036 (Fla. 3d DCA 1979)
    …sociation of Dade County v. Continental Enterprises, Inc., 338 So. 2d 907, 908 (Fla.3d DCA 1976). And see Jacksonville Paper Co. v. Smith & Winchester Mfg. Co., 147 Fla. 311, 2 So. 2d 890, 892 (1941); and All-Dixie Insurance Agency, Inc. v. Moffatt, 212 So. 2d 347, 350-351 (Fla.3d DCA 1968). The defendants, on the other hand, urge that there are factors other than the oral testimony of the contents of the contract which in this instance would show that Garfinkle was the purchaser. We think that the governing…

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