PUBLIX SUPER MARKETS, INC., A FLORIDA CORPORATION, APPELLANT,
v.
RONALD J. DEAN, APPELLEE; RONALD J. DEAN, APPELLANT, V. PUBLIX SUPER MARKETS, INC., A FLORIDA CORPORATION, APPELLEE
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PER CURIAM.
The order under review which approved a cause of action for wrongful discharge of an employment contract under section 440.-205, Florida Statutes (1979), is reversed upon the reasoning found in Judge Ervin’s dissent in Piezo Technology and Professional Administrators, Inc. v. Smith, 413 So. 2d 121 (Fla. 1st DCA 1982).
Judge Ervin’s analysis of the legislative history of this section clearly indicates an intention not to create a private right for breach of an employment contract.
Therefore we decline to follow the majority opinion in Piezo Technology and Professional Administrators, Inc. v. Smith, supra, and align ourselves with the dissent.
The order under review reinstating count I for wrongful discharge be and the same is hereby reversed with directions to dismiss the complaint.
Reversed and remanded with directions.
HENDRY, Judge
(dissenting):
I respectfully dissent. I would follow the majority opinion of our sister court in Piezo Technology and Professional Administrators, Inc. v. Smith, 413 So. 2d 121 (Fla. 1st DCA 1982), and affirm reinstatement of count I of the complaint.
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Dean v. Publix Supermarkets, Inc., 438 So. 2d 1 (Fla. 1983)…CH, Judge. We accepted jurisdiction of this cause pursuant to article V, section 3(b)(3) of the Florida Constitution based on direct and express conflict between the opinion of the Third District Court of Appeal, Publix Supermarkets, Inc. v. Dean, 416 So. 2d 12 (Fla. 3d DCA 1982), and that of the First District Court of Appeal in Piezo Technology and Professional Administrators, Inc. v. Smith, 413 So. 2d 121 (Fla. 1st DCA 1982), approved, 427 So. 2d 182 (Fla.1983). Because our holding approving the First D…
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Smith v. Piezo Tech. & Prof'l Administrators, 427 So. 2d 182 (Fla. 1983)…r a violation thereof. The fact that it did neither is not determinative of the answer to the question certified. . Decisions holding otherwise are disapproved to the extent of conflict with the opinion herein. See Publix Super Mkts., Inc. v. Dean, 416 So. 2d 12 (Fla. 3d DCA 1982). .Language in the opinion below that implies the deputy commissioner does have jurisdiction of a section 440.205 claim that is related to a pending claim for benefits otherwise due under Chapter 440 is dicta and is disavowed by t…
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Roger Rankin Enters., Inc. v. Regis F. Green, 433 So. 2d 1248 (Fla. 3d DCA 1983)…must be construed as to preserve force of both). Accordingly, I would hold that the payee of a worthless check does not have a civil remedy under Section 832.05. In all other respects, I agree with the majority. . Publix SuperMarket, Inc. v. Dean, 416 So. 2d 12, 13 (Fla. 3d DCA 1982), which finds no cause of action based'on the reasoning found in the dissent to Piezo, can only be read to mean that no cause of action exists in the circuit courts.…
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- Piezo Tech. & Prof'l Administrators, Inc. v. Smith, 413 So. 2d 121 (Fla. 1st DCA 1982)