CITY OF WEST PALM BEACH, PETITIONER,
v.
WIRT HOLADAY, RESPONDENT

Fla. | 1970-10-07
No. 39685
ERVIN, C. J., and THORNAL, CARLTON, ADKINS and BOYD, JJ., concur.
240 So. 2d 152 Florida Supreme Court (1970) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

The District Court of Appeal, Fourth District, having certified to us that its decision in the case of City of West Palm Beach v. Holaday, 234 So.2d 24 (4th D.C.A. Fla.1970), passes upon a question of great public interest, we accepted jurisdiction for review pursuant to Article V, Section 4(2), Florida Constitution, F.S.A.

After hearing oral arguments and carefully reviewing the briefs and the record arising from this cause, we have come to the conclusion that the decision of the District Court is correct, and we adopt it as the decision of this Court. Therefore, the Writ is hereby discharged.

It is so ordered.

ERVIN, C. J., and THORNAL, CARLTON, ADKINS and BOYD, JJ., concur.


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  • The City OF Daytona Beach v. Caradonna, 456 So. 2d 565 (Fla. 5th DCA 1984)
    …his one by contending that disability pensions are different from length of service pensions and are thus susceptible to modification, even after retirement. Appellant cites City of West Palm Beach v. Holaday, 234 So. 2d 24 (Fla. 4th DCA), affirmed, 240 So. 2d 152 (Fla.1970) as support for its position, but that case does not support the city here. Hola-day merely held that where the pension ordinance made provision for a Worker’s Compensation offset against disability pensions, but made no such provision for…

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