HUMBERTO PENA, APPELLANT,
v.
DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEE
SCHWARTZ, Chief Judge.
On the controlling authority of Metropolitan Dade County v. Stein, 384 So. 2d 167 (Fla. 3d DCA 1980), we hold that Pena is entitled under section 448.08, Florida Statutes (1985), to an award of the attorney’s fees incurred in an administrative proceeding before a hearing examiner which resulted in his reinstatement as a Dade County bus driver. See also Doyal v. School Bd. of Liberty County, 415 So. 2d 791 (Fla. 1st DCA 1982). The contrary determination below is therefore reversed and the cause remanded for the trial court to fix the recoverable amount.
We certify that this decision is in direct conflict with Werthman v. School Bd. of Seminole County, 599 So. 2d 220 (Fla. 5th DCA 1992) and Davis v. School Bd. of Gadsden County, 646 So. 2d 766 (Fla. 1st DCA 1994).
Reversed, conflict certified.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Dade Cnty. v. PEÑA, 664 So. 2d 959 (Fla. 1995)…HARDING, Justice. We have for review Peña v. Dade County, 648 So. 2d 1199 (Fla. 3d DCA 1994), in which the Third District Court of Appeal certified conflict with the opinions in Werthman v. School Board of Seminole County, 599 So. 2d 220 (Fla. 5th DCA 1992) and Davis v. School Board of Gadsden County, 646 So. 2d 766 (Fla.…
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Strasser v. City OF Jacksonville, 655 So. 2d 234 (Fla. 1st DCA 1995)…ee would have earned if not wrongfully discharged treated as damages, not as “unpaid wages” requiring award of attorney’s fees). Accord Werthman v. School Bd. of Seminole County, 599 So. 2d [*237] 220 (Fla. 5th DCA 1992). Contra Pena v. Dade County, 648 So. 2d 1199 (Fla. 3rd DCA 1994). I respectfully dissent.…
Authorities Cited
- Doyal v. Sch. Bd. OF Liberty Cnty., 415 So. 2d 791 (Fla. 1st DCA 1982)
- Werthman v. Sch. Bd. of Seminole Cnty., 599 So. 2d 220 (Fla. 5th DCA 1992)
- Metro. Dade Cnty. v. Norbert J. Stein, 384 So. 2d 167 (Fla. 3d DCA 1980)
- Davis v. The Sch. Bd. OF Gadsden Cnty., 646 So. 2d 766 (Fla. 1st DCA 1994)