Cundy v. Division of Retirement, Department of Administration, EE-372

• Decision Date: 16 January 1978
• Docket Number: No. EE-372,EE-372
• Citation: 353 So.2d 967
• Parties: Jerome G. CUNDY, Sr., Petitioner, v. DIVISION OF RETIREMENT, Florida DEPARTMENT OF ADMINISTRATION, et al., Respondents.
• Court: Florida District Court of Appeals

Page 967

353 So.2d 967

Jerome G. CUNDY, Sr., Petitioner, v. DIVISION OF RETIREMENT, Florida DEPARTMENT OF ADMINISTRATION, et al., Respondents.

No. EE-372.

District Court of Appeal of Florida, First District.

Jan. 16, 1978.

A Petition for review of an order of the Florida Retirement commission.

Richard A. Sicking and Joseph C. Segor of Kaplan, Dorsey, Sicking & Hessen, P.A., Miami, for petitioner.

L. Keith Pafford, Dept. of Administration, Div. of Retirement, and Nancy G. Linnan, State Retirement Commission, Tallahassee, for respondents.

PER CURIAM.

The petition for review is GRANTED, the order of the Retirement Commission is QUASHED, and the case is REMANDED to the Commission for further proceedings giving appropriate effect to the presumption accorded by Section 112.18(1), Florida Statutes (1975). Caldwell v. Division of Retirement, 344 So.2d 923 (Fla.1st DCA 1977).

SMITH, Acting C. J., and ERVIN and BOOTH, JJ., concur.