Opinion
No. 79-2339.
July 22, 1980. Rehearing Denied September 8, 1980.
Appeal from the Dade County Circuit Court, Francis X. Knuck, J.
Lionel Barnet, Miami Beach, and Sheldon C. Kurland, Fort Lauderdale, for appellant.
Robert A. Ginsburg, County Atty. and Susan E. Trench, Asst. County Atty., for appellee.
Before BARKDULL, SCHWARTZ and NESBITT, JJ.
In entering summary judgment below, the trial court held that Dade County was required to make social security (FICA) deductions from salary payments made to its employees during their absence from work because of sickness. For the reasons outlined in State of New Mexico v. Weinberger, 517 F.2d 989 (10th Cir. 1975), cert. denied, 423 U.S. 1051, 96 S.Ct. 779, 46 L.Ed.2d 640 (1976) and Graves v. Gardner, 280 F. Supp. 666 (S.D.N.Y. 1968), we agree with that conclusion.
Affirmed.