CITY OF TALLAHASSEE, APPELLANT,
v.
BLANKENSHIP & LEE, INC., APPELLEE
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The court concurred that the issue of the proper burden of proof was not preserved below, but expressed that the arbitrator should not impose a higher burden of proof without authorization and that doing so violated the arbitration agreement.
The court concurred that the issue of the proper burden of proof was not preserved for appeal, but the concurring judge would have held that the arbitrator cannot impose a higher burden of proof without express authorization and that doing so violated the arbitration agreement.
The City of Tallahassee terminated Tom Maureau, and the Union argued for a higher burden of proof (clear and convincing evidence) for the City to prov…
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PER CURIAM.
DISMISSED. See Mendez v. West Flagler Family Ass’n, 303 So. 2d 1 (Fla.1974). Such dismissal is without prejudice to appellant’s right to file a timely notice of appeal after a final order has been rendered in the case below.
BARFIELD, C.J., and ALLEN and LAWRENCE, JJ., concur.