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Davie Police Pen. F. v. Cummings

District Court of Appeal of Florida, Fourth District
Apr 22, 1991
576 So. 2d 1331 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-3202.

March 20, 1991. Rehearing Denied April 22, 1991.

Petition for review from the Circuit Court, Broward County, George A. Shahood, J.

Robert D. Klausner of Atkinson, Jenne, Diner, Stone, Cohen Klausner, P.A., Hollywood, for petitioner.

Karen M. Zann of Balocco and Zann, Fort Lauderdale, for respondent.


We grant the petition for writ of certiorari seeking relief from an order of the circuit court rendered in appellate capacity. We hold that the Town of Davie Police Pension Fund is immune from garnishment for the debts of one of its participants. Section 185.25, Florida Statutes (1989); Section 13, Town of Davie City Ordinance 76-13. This immunity may be claimed by the Pension Fund. See Board of Trustees of City Pension Fund for Firefighters and Police Officers in the City of Tampa v. Alvarez, 563 So.2d 1110 (Fla. 2d DCA 1990); G J Investment Corp. v. Florida Dept. of Health Rehabilitative Services, 429 So.2d 391 (Fla. 3d DCA 1983).

We quash the order of the circuit court affirming the county court order and return the case to the county court for further proceedings consistent with this opinion.

DELL, WARNER and POLEN, JJ., concur.


Summaries of

Davie Police Pen. F. v. Cummings

District Court of Appeal of Florida, Fourth District
Apr 22, 1991
576 So. 2d 1331 (Fla. Dist. Ct. App. 1991)
Case details for

Davie Police Pen. F. v. Cummings

Case Details

Full title:TOWN OF DAVIE POLICE PENSION FUND, PETITIONER, v. CUMMINGS AND BASS, P.A.…

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 22, 1991

Citations

576 So. 2d 1331 (Fla. Dist. Ct. App. 1991)