Heath v. Central Truck Lines, Inc., I--14
| Decision Date | 02 March 1967 |
| Docket Number | No. I--14,I--14 |
| Citation | 195 So.2d 588 |
| Parties | 65 L.R.R.M. (BNA) 2136, 55 Lab.Cas. P 51,635 Ralph M. HEATH et al., Appellants, v. CENTRAL TRUCK LINES, INC., Appellee. |
| Court | Florida District Court of Appeals |
W. Shannon Linning, Jacksonville, for appellants.
Charles Cook Howell, Jr., Jacksonville, and Wilson Branch, Barwick & Wilcox, Atlanta, Ga., for appellee.
Plaintiffs have appealed a final judgment dismissing with prejudice their second amended complaint by which they seek a judicial declaration of their rights under a contract existing between the national labor union of which they are members, and appellee as their employer.
By their complaint appellants allege that according to the terms of the agreement in question, as construed and interpreted by them, they are entitled to certain levels of seniority measured by the length of their service with appellee, together with certain stated benefits flowing to them as a result of that seniority. They further allege that appellee has construed and interpreted the contract in such manner as to allow them considerably less seniority than that to which they are entitled; that the dispute between appellants and appellee arises from the different interpretation placed by each of them on the terms and provisions of the agreement in question, and because of this dispute appellants are in doubt as to their rights and privileges under the contract. Appellants finally allege that they have exhausted all of their administrative remedies as provided by the terms of the contract, and now have no recourse open to them except that provided by a court of law. Plaintiffs pray for a declaration of their rights with respect to the level of seniority to which they are rightfully entitled, and for such incidental damages as they may be found to have suffered as a result of having been deprived of work preferences which they could have elected to accept had their seniority been correctly computed by appellee.
Appellee filed its motion to dismiss the complaint on several grounds, among them being that the complaint fails to state a cause for declaratory relief and shows on its face, when considered in light of the contract attached as an exhibit and made part thereof, that plaintiffs are not entitled to the relief for which they pray.
Upon consideration of appellee's motion to dismiss, the trial court found and concluded that the complaint did not state a proper cause of action for declaratory relief but essentially sought damages for an alleged breach of contract which could be determined only by a jury in an action based upon common law principles. The court further found that even if the complaint could be said to contain sufficient allegations entitling appellants to a judicial declaration of their rights under the contract as permitted by Chapter 87, F.S.A., that they nevertheless are precluded from the relief sought because of the clear terms and provisions of the contract itself. The court construed the contract to provide the exclusive...
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City of Miami v. Fraternal Order of Police Lodge No. 20 of City of Miami
...So.2d 104 (Fla. 3d DCA 1978); Fredericks v. School Board of Monroe County, 307 So.2d 463 (Fla. 3d DCA 1975); Heath v. Central Truck Lines, Inc., 195 So.2d 588 (Fla. 1st DCA 1967); Jacksonville Roofing & Sheet Metal Contractors Association v. Local 435, Sheet Metal Workers' Int'l. Assoc. of ......
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Fraternal Order of Police v. City of Miami
...adverse to the employees' position, is final and binding. Koenig v. Tyler, 360 So.2d 104 (Fla. 3d DCA 1978); Heath v. Central Truck Lines, Inc., 195 So.2d 588 (Fla. 1st DCA 1967). In the present case, the collective bargaining agreement between the FOP and the City provides that an exclusiv......
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Koenig v. Tyler
...adverse to their position. We agree with appellees' contention that this appeal is governed by the case of Heath v. Central Truck Lines, Inc., 195 So.2d 588 (1st DCA, Fla. 1967) also cited by the lower court in its decision, wherein the First District Court of Appeal "(We) are in full accor......