RICHARD KRAFT, APPELLANT,
v.
BECHTEL POWER CORPORATION, APPELLEE
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PER CURIAM.
Assuming arguendo that the plaintiff’s diabetes was a “handicap” under section 760.10(l)(a), Florida Statutes (1983), which forbids an employer from discriminating on such a basis, see School Board of Pinellas County v. Rateau, 449 So. 2d 839 (Fla. 1st DCA 1984); but cf. Jasany v. United States Postal Service, 755 F. 2d 1244 (6th Cir.1985), it was conclusively demonstrated that his exclusion from sensitive and dangerous duties at the Turkey Point nuclear power plant was based upon the fact that his condition rendered him unable to meet a “bona fide occupational qualification reasonably necessary for the performance of the particular employment.” § 760.-10(8)(a), Fla.Stat. (1983); School Board of Pinellas County v. Rateau, supra. Accordingly, the summary judgment for the defendant employer is
Affirmed.
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Tedder v. State, 495 So. 2d 276 (Fla. 5th DCA 1986)…), cert. denied, 388 So. 2d 1109 (Fla.1980). Therefore, the trial court’s reason for denying the motion was erroneous. Nevertheless, the trial court’s summary denial of the motion should be affirmed if it is facially insufficient. Lilley v. State, 483 So. 2d 56 (Fla. 5th DCA 1986). We first note that allegations pertaining to ineffective assistance of counsel must be detailed in an appropriate pleading. Knight v. State, 394 So. 2d 997, 1001 (Fla.1981). Moreover, the pleader must proffer evidence which is a…
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Finney v. State, 502 So. 2d 519 (Fla. 3d DCA 1987)…ition is “facially” insufficient. As was recently stated in Tedder v. State, 495 So. 2d 276, 277 (Fla. 5th DCA 1986): “Nevertheless, the trial court’s summary denial of the motion should be affirmed if it is facially insufficient. Lilley v. State, 483 So. 2d 56 (Fla. 5th DCA 1986). We first note that allegations pertaining to ineffective assistance of counsel must be detailed in an appropriate pleading. Knight v. State, 394 So. 2d 997, 1001 (Fla.1981). Moreover, the pleader must proffer evidence which is a…
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Authorities Cited
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- Sch. Bd. OF Pinellas Cnty. v. Rateau, 449 So. 2d 839 (Fla. 1st DCA 1984)