Doyle v. DEPT. OF BUSINESS REGULATION

794 So. 2d 686, 2001 WL 1013598
CourtDistrict Court of Appeal of Florida
DecidedSeptember 6, 2001
Docket1D00-4235, 1D00-4521
StatusPublished
Cited by29 cases

This text of 794 So. 2d 686 (Doyle v. DEPT. OF BUSINESS REGULATION) 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
Doyle v. DEPT. OF BUSINESS REGULATION, 794 So. 2d 686, 2001 WL 1013598 (Fla. Ct. App. 2001).

Opinion

794 So.2d 686 (2001)

Elizabeth A. DOYLE, Appellant,
v.
DEPARTMENT OF BUSINESS REGULATION and Public Employees Relations Commission, Appellees.

Nos. 1D00-4235, 1D00-4521.

District Court of Appeal of Florida, First District.

September 6, 2001.

*687 William J. Sheppard and D. Gray Thomas of Sheppard and White, P.A., Jacksonville, for Appellant.

*688 David K. Minacci, Assistant General Counsel, Department of Business and Professional Regulation, Tallahassee and William D. Salmon, Staff Counsel, Florida Public Employees Relations Commission, Tallahassee, for Appellees.

KAHN, J.

These cases are consolidated appeals of two orders entered by the Public Employees Relations Commission (PERC), one of which addressed back pay and benefits, and the other of which addressed attorney's fees and costs, due Sergeant Elizabeth Doyle (Doyle). Because PERC's interpretation of its responsibility where parties reach a stipulated settlement was erroneous, we reverse the orders and direct PERC to accept the stipulations of the parties.

I. FACTS

Doyle was dismissed from employment as a special agent with the Division of Alcoholic Beverages and Tobacco, a division of the Department of Business and Professional Regulation (agency). Doyle successfully appealed the termination. See Doyle v. Dep't of Bus. & Prof. Reg., 713 So.2d 1040 (Fla. 1st DCA 1998). Following further proceedings on remand, PERC imposed a one-week suspension, and this court affirmed, over the agency's appeal, remanding to PERC for an award of back pay and benefits and attorney's fees and costs. See Dep't of Bus. & Prof. Reg. v. Doyle, 750 So.2d 746 (Fla. 1st DCA 2000).

On remand, Doyle and the agency resolved almost all back pay and benefits issues, but they disagreed on a claim for additional compensation for loss of seniority and advancement in rank, and also on Doyle's entitlement to a measure of additional compensation to offset a disproportionately high income tax liability she faced as a result of her receipt of four years' worth of compensation during one tax year. With respect to attorney's fees and costs, Doyle asserted an entitlement to attorney's fees in the amount of $182,475 (the lodestar of $60,825 with a multiplier of three), and $2,833.77 in costs. Subsequently, the parties agreed to a total attorney's fees and costs settlement figure of $75,000, although Doyle continued to assert entitlement to a multiplier, albeit at a reduced level. Finally, the parties reached complete agreement when Doyle withdrew her claims relating to loss of seniority and advancement in rank as well as entitlement to a multiplier, and the agency agreed to additional compensation based on the federal income tax issue. The parties' final stipulation included attorney's fees and costs for the sum of $75,000, and back pay including additional compensation for the disproportionate tax liability.

Following a pre-hearing conference, the PERC hearing officer entered an order directing that an evidentiary hearing on the issues proceed in full, despite the filing of the various stipulations and settlement agreements. Doyle then filed a motion to compel enforcement of the settlements and stipulations. Although the agency did not oppose enforcement, the hearing officer denied the motion.

The hearing officer entertained evidence and arguments on the issues of back pay and benefits and attorney's fees and costs during a June 13, 2000, hearing. The hearing officer entered a recommended order, to which the parties filed timely exceptions. PERC thereafter entered separate orders on back pay and benefits, and attorney's fees and costs.

In the final orders, PERC entirely rejected the stipulations of the parties with respect to attorney's fees and costs, applying its own evaluation of matters presented at the hearing, and also completely rejected the agreed settlement for compensation *689 for the disproportionate tax liability. PERC, noting that Doyle was reinstated to employment on June 12, 2000, ordered the agency to pay her $99,426.80, plus interest at the lawful rate and less appropriate deductions; retirement payments totalling 40,970.28; 642 hours of annual leave credit; and 708.5 hours of sick leave credits. For attorney's fees and costs, PERC ultimately ordered payment of $12,471.08.

II. THE AGENCY'S PARTICIPATION IN THIS APPEAL

As set out above, Doyle and the agency spent much time and effort reaching a settlement acceptable to both parties. Each party yielded to the other in material disputed aspects. The agency wholeheartedly stood behind the stipulation, even after it was evident that the hearing officer questioned its validity and ordered an evidentiary hearing despite the stipulations. At the evidentiary hearing, instead of arguing against the stipulation, the agency attorney took the professional high road, stating:

The agency of course would like to pay as little as possible in this case. However, that also includes non monetary resources such as time, adverse effects on agency reputation and good will. We are ready to put this behind us. We came together, both parties, at the request of the commission to resolve as much of these issues as possible informally. We have done so. The agency has agreed in the stipulation as to what it believes it can agree to and it agrees to be bound.

Notwithstanding this position, the agency has filed a brief in this appeal urging that PERC be affirmed. We find that the agency is estopped from abandoning the settlement. See Dep't of Rev. v. Hobbs, 368 So.2d 367, 369 n. 4 (Fla. 1st DCA 1979) ("To justify a claim of estoppel against the state there must be (1) a representation by the party estopped to the party claiming estoppel as to some material fact, (2) a reliance upon the representation by the party claiming the estoppel and (3) a change in such party's position, caused by his reliance upon the representation to his detriment."). Here, the agency agreed to be bound to a certain amount of attorney's fees and back pay. Then, Doyle relied on that representation by, ultimately, relinquishing any entitlement she may have had to an attorney's fee multiplier and advancement in rank. Doyle, with the Agency's assent, continued to vigorously assert the validity of the settlement. We conclude that, on these facts, the agency is estopped from contesting the stipulation. Accordingly, we do not consider its arguments in this appeal. We do, however, commend the professionalism of the agency's legal counsel in reaching, and standing by, the settlement at the administrative level.

III. PERC'S ERRONEOUS REJECTION OF THE STIPULATION AS TO ATTORNEY'S FEES

PERC asserts that section 447.208(3)(e), Florida Statutes, gives it the authority to reject virtually any settlement agreement for attorney's fees in a state Career Service System case. Section 447.208(3)(e), Florida Statutes states:

Any order of the commission issued pursuant to this subsection may include back pay, if applicable, and an amount, to be determined by the commission and paid by the agency, for reasonable attorney's fees, witness fees, and other out-of-pocket expenses incurred during the prosecution of an appeal against an agency in which the commission sustains the employee. In determining the amount of an attorney's fee, the commission *690

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794 So. 2d 686, 2001 WL 1013598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doyle-v-dept-of-business-regulation-fladistctapp-2001.