Department of Corrections v. Croce

District Court of Appeal of Florida

Department of Corrections v. Croce

520 So. 2d 695, 13 Fla. L. Weekly 554, 1988 Fla. App. LEXIS 697, 1988 WL 15445

CourtDistrict Court of Appeal of Florida

DecidedMarch 2, 1988

DocketNo. 87-2837

StatusPublished

This text of 520 So. 2d 695 (Department of Corrections v. Croce) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Department of Corrections v. Croce, 520 So. 2d 695, 13 Fla. L. Weekly 554, 1988 Fla. App. LEXIS 697, 1988 WL 15445 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

This appeal comes to us from a non-final order denying a motion to dissolve a temporary injunction. We have jurisdiction pursuant to rule 9.130(a)(3)(B), Florida Rules of Appellate Procedure.

The trial court granted appellee, Gwen Croce’s, motion for a temporary injunction. The trial court’s order prohibited the Department of Corrections from terminating appellee’s employment and from demoting her pending the outcome of an action she is pursuing against the department for unfair employment practices pursuant to section 112.3187 Florida Statutes (Supp.1986). Ap-pellee claimed that she would suffer irreparable harm if her employment was terminated or if she was demoted pending her lawsuit.

We reverse. Our review of the record satisfies us that appellee has failed to exhaust her administrative remedies, has not shown irreparable harm, and has adequate legal remedies in the form of reinstatement, back pay and damages. See Department of Health and Rehabilitative Servic[696]*696es v. Artis, 345 So.2d 1109 (Fla. 4th DCA 1977).

Accordingly we reverse the order denying appellant’s motion to dissolve and vacate the temporary injunction.

REVERSED.

HERSEY, C.J., and DELL and GUNTHER, JJ., concur.

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PER CURIAM.

This appeal comes to us from a non-final order denying a motion to dissolve a temporary injunction. We have jurisdiction pursuant to rule 9.130(a)(3)(B), Florida Rules of Appellate Procedure.

The trial court granted appellee, Gwen Croce’s, motion for a temporary injunction. The trial court’s order prohibited the Department of Corrections from terminating appellee’s employment and from demoting her pending the outcome of an action she is pursuing against the department for unfair employment practices pursuant to section 112.3187 Florida Statutes (Supp.1986). Ap-pellee claimed that she would suffer irreparable harm if her employment was terminated or if she was demoted pending her lawsuit.

We reverse. Our review of the record satisfies us that appellee has failed to exhaust her administrative remedies, has not shown irreparable harm, and has adequate legal remedies in the form of reinstatement, back pay and damages. See Department of Health and Rehabilitative Servic[696]*696es v. Artis, 345 So.2d 1109 (Fla. 4th DCA 1977).

Accordingly we reverse the order denying appellant’s motion to dissolve and vacate the temporary injunction.

REVERSED.

HERSEY, C.J., and DELL and GUNTHER, JJ., concur.

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Bluebook (online)

520 So. 2d 695, 13 Fla. L. Weekly 554, 1988 Fla. App. LEXIS 697, 1988 WL 15445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-corrections-v-croce-fladistctapp-1988.

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