Kroeger v. Florida Department of Corrections

District Court of Appeal of Florida

Kroeger v. Florida Department of Corrections

706 So. 2d 950, 1998 Fla. App. LEXIS 2412, 1998 WL 107303

CourtDistrict Court of Appeal of Florida

DecidedMarch 13, 1998

DocketNo. 97-2999

StatusPublished

This text of 706 So. 2d 950 (Kroeger v. Florida Department of Corrections) 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

Kroeger v. Florida Department of Corrections, 706 So. 2d 950, 1998 Fla. App. LEXIS 2412, 1998 WL 107303 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

This is an appeal from a final order of the Public Employees Relations Commission upholding the appellant’s ten-day suspension from work as a Department of Corrections probation officer for failure to follow instructions. The hearing officer recommended that the appellant' be reprimanded for performing substandard work, but found that the appellant could not be disciplined for failure to follow instructions because the instructions at issue had been given by a person'who lacked any supervisory authority. The hearing officer’s finding as to the absence of supervisory authority should not have been rejected as it was legally correct and supported by competent substantial evidence. For these reasons, we reverse the final order of the commission with instrue-tions to accept the hearing officer’s findings of fact and conclusions of law.

Reversed.

BENTON, VAN NORTWICK and PADOVANO, JJ., concur.

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PER CURIAM.

This is an appeal from a final order of the Public Employees Relations Commission upholding the appellant’s ten-day suspension from work as a Department of Corrections probation officer for failure to follow instructions. The hearing officer recommended that the appellant' be reprimanded for performing substandard work, but found that the appellant could not be disciplined for failure to follow instructions because the instructions at issue had been given by a person'who lacked any supervisory authority. The hearing officer’s finding as to the absence of supervisory authority should not have been rejected as it was legally correct and supported by competent substantial evidence. For these reasons, we reverse the final order of the commission with instrue-tions to accept the hearing officer’s findings of fact and conclusions of law.

Reversed.

BENTON, VAN NORTWICK and PADOVANO, JJ., concur.

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Bluebook (online)

706 So. 2d 950, 1998 Fla. App. LEXIS 2412, 1998 WL 107303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kroeger-v-florida-department-of-corrections-fladistctapp-1998.