Hoffkins v. City of Miami, No. 75--722

CourtCourt of Appeal of Florida (US)
Writing for the CourtPEARSON
Citation339 So.2d 1145
Docket NumberNo. 75--722
Decision Date01 December 1976
PartiesLawrence HOFFKINS, Appellant, v. The CITY OF MIAMI, a Municipal Corporation, et al., Appellee.

Page 1145

339 So.2d 1145
Lawrence HOFFKINS, Appellant,
v.
The CITY OF MIAMI, a Municipal Corporation, et al., Appellee.
No. 75--722.
District Court of Appeal of Florida, Third District.
Dec. 1, 1976.
Rehearing Denied Dec. 21, 1976.

Nachwalter, Christie & Falk and Steven P. Kronenberg, Miami, for appellant.

George F. Knox, Jr., City Atty., and Margaret A. Benton, Asst. City Atty., for appellee.

Before PEARSON, HENDRY and HAVERFIELD, JJ.

PEARSON, Judge.

Lawrence Hoffkins is a retired police officer of the City of Miami. He is receiving a disability pension under the City of Miami retirement system. He is also receiving $66.00 per week workmen's compensation benefits. Both payments arise out of an injury incurred in the course of Officer Hoffkins's employment as a police officer. The City of Miami under the claimed authority of City of Miami Ordinance 41--

Page 1146

406(15) has deducted the amount of $66.00 workmen's compensation benefit from the pension check. Hoffkins claims that the deduction is illegal and that he is entitled to his pension payment in full. In order to secure a judicial determination of his rights, he brought an action against the City of Miami for a declaratory judgment. In his complaint, Hoffkins asserted the invalidity of the City of Miami ordinance which authorized the deduction. 1 The trial court dismissed the complaint and this appeal is from that judgment.

Ordinarily, a complaint for a declaratory judgment which states a genuine doubt as to the rights of the plaintiff will not be dismissed without a declaration of plaintiff's rights. Cf. Safer v. City of Jacksonville, 212 So.2d 785 (Fla.1st DCA 1968). In the present case, the court did, in fact, enter such a declaratory judgment because its order and opinion held the ordinance to be valid and to authorize the deduction. 2 Appellant's brief does not challenge the judgment appealed on any grounds other than the claimed invalidity of the ordinance. The points presented are: (1) The ordinance is violative of the Florida Workmen's Compensation Act, and of the prevailing law and public policy. (2) The ordinance violates the due process clauses of the United States and Florida Constitutions.

Under his first point, plaintiff argues that the ordinance in effect forces a police officer who is on pension and is a workmen's compensation claimant involuntarily to waive his rights to the workmen's compensation law in contravention of Section 440.21(2), Florida Statutes,...

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10 practice notes
  • Champlovier v. City of Miami, No. 93-710
    • United States
    • Court of Appeal of Florida (US)
    • October 12, 1995
    ...in City of Miami v. Knight, 510 So.2d 1069 (Fla. 1st DCA), review denied, 518 So.2d 1276 (Fla.1987) and Hoffkins v. City of Miami, 339 So.2d 1145 (Fla. 3d DCA 1987). The supreme court decided Barragan after the parties' prior workers' compensation proceedings had concluded. Even a casual re......
  • City of Miami v. Gates, No. 91-72
    • United States
    • Court of Appeal of Florida (US)
    • January 14, 1992
    ...and that the offset ordinance should be deemed to be within the scope of the City's home rule powers. Hoffkins v. City of Miami, 339 So.2d 1145, 1146 (Fla. 3d DCA 1976), overruled sub nom. Barragan v. City of Miami, 545 So.2d 252 (Fla.1989). From that time through the date of the settlement......
  • Barragan v. City of Miami, Nos. 71662
    • United States
    • United States State Supreme Court of Florida
    • April 20, 1989
    ...since 1973 which provides for the offset of pension benefits against workers' compensation benefits. In Hoffkins v. City of Miami, 339 So.2d 1145 (Fla. 3d DCA 1976), the district court of appeal upheld the deduction of workers' compensation benefits from the pension check of a City of Miami......
  • City of Miami v. Bell, No. 91-1878
    • United States
    • Court of Appeal of Florida (US)
    • September 16, 1992
    ...8 City of Miami v. Knight, 510 So.2d 1069 (Fla. 1st DCA), cert. denied, 518 So.2d 1276 (Fla.1987); Hoffkins v. City of Miami, 339 So.2d 1145 (Fla. 3d DCA 1976), cert. denied, 348 So.2d 948 9 Daytona Beach v. Amsel, 585 So.2d 1044 (Fla. 1st DCA 1991). 10 Sec. 440.20(7), Fla.Stat.: (7) ... Wh......
  • Request a trial to view additional results
10 cases
  • Champlovier v. City of Miami, No. 93-710
    • United States
    • Court of Appeal of Florida (US)
    • October 12, 1995
    ...in City of Miami v. Knight, 510 So.2d 1069 (Fla. 1st DCA), review denied, 518 So.2d 1276 (Fla.1987) and Hoffkins v. City of Miami, 339 So.2d 1145 (Fla. 3d DCA 1987). The supreme court decided Barragan after the parties' prior workers' compensation proceedings had concluded. Even a casual re......
  • City of Miami v. Gates, No. 91-72
    • United States
    • Court of Appeal of Florida (US)
    • January 14, 1992
    ...and that the offset ordinance should be deemed to be within the scope of the City's home rule powers. Hoffkins v. City of Miami, 339 So.2d 1145, 1146 (Fla. 3d DCA 1976), overruled sub nom. Barragan v. City of Miami, 545 So.2d 252 (Fla.1989). From that time through the date of the settlement......
  • Barragan v. City of Miami, Nos. 71662
    • United States
    • United States State Supreme Court of Florida
    • April 20, 1989
    ...since 1973 which provides for the offset of pension benefits against workers' compensation benefits. In Hoffkins v. City of Miami, 339 So.2d 1145 (Fla. 3d DCA 1976), the district court of appeal upheld the deduction of workers' compensation benefits from the pension check of a City of Miami......
  • City of Miami v. Bell, No. 91-1878
    • United States
    • Court of Appeal of Florida (US)
    • September 16, 1992
    ...8 City of Miami v. Knight, 510 So.2d 1069 (Fla. 1st DCA), cert. denied, 518 So.2d 1276 (Fla.1987); Hoffkins v. City of Miami, 339 So.2d 1145 (Fla. 3d DCA 1976), cert. denied, 348 So.2d 948 9 Daytona Beach v. Amsel, 585 So.2d 1044 (Fla. 1st DCA 1991). 10 Sec. 440.20(7), Fla.Stat.: (7) ... Wh......
  • Request a trial to view additional results

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