City of Miami v. State ex rel. Groner
| Decision Date | 12 May 1964 |
| Docket Number | No. 63-745,63-745 |
| Citation | 164 So.2d 26 |
| Parties | CITY OF MIAMI, Robert King High, Mayor, Wendell Bailey, as Chairman of Retirement Board of the Miami City Employees' Retirement System and as Finance Director, City of Miami, Florida, City of Miami, Florida, and a Forger, Secretary, Retirement Board, Miami City Employees' Retirement System, Appellants, v. The STATE of Florida ex rel. George Lee GRONER, Appellee. |
| Court | Florida District Court of Appeals |
John R. Barrett, City Atty., and Anthony F. Paterna and Charles K. Allan, Asst. City Attys., for appellants.
Joseph J. Gersten and Arthur Roth, Miami, for appellee.
Before BARKDULL, C. J., and HORTON and TILLMAN PEARSON, JJ.
The appellee is a member of the City of Miami Police Department and claimed a service connected disability. Pursuant to Section 2-91(6)(a) of the Code of the City of Miami, the appellee filed an application for disability retirement. This section of the Code provides, among other things, that an employee may be retired for accidentally incurred disability provided that the medical board, after medical examination, shall certify that such employee is mentally or physically totally incapacitated for the further performance of duty, etc. Section 2-90 of the Code of the City of Miami provides that the retirement board shall designate a medical board consisting of six physicians and that the appointment of any three of the six members shall constitute the board to serve on each particular medical examination, and that their report and findings shall be final and conclusive. The appellee was examined by a medical board appointed by the retirement board and was found not to be permanently incapacitated. However, at a later date the appellee brought the question before the retirement board, and at a hearing before that body, by a 4-3 vote, the medical board was overruled and the appellee awarded a disability pension.
Some four and a half months after the action of the retirement board, when the fiscal officer of the board upon advice of the city attorney refused to pay the pension, the appellee instituted a mandamus action seeking to require the retirement board and/or the fiscal officer thereof, to pay the appellee the pension awarded. The alternative writ was issued, a return made thereto, and after final hearing a judgment for a peremptory writ was granted and the writ issued. The appeal here is from the judgment granting the...
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...(Fla. 1st DCA 1985). Mandamus is the proper remedy to compel performance of a ministerial act such as this one. See City of Miami v. State, 164 So.2d 26 (Fla. 3d DCA 1964). Appellants presented proof that the appropriate local government official for the City of Holly Hill had signed such d......
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