Capo v. Dep't of Children & Families

Full title: ESTEBAN CAPO, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

Date published: Apr 19, 2012

No. 4D10-5154 (Fla. Dist. Ct. App. Apr. 19, 2012)

Opinion

No. 4D10-5154

04-19-2012

ESTEBAN CAPO, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

Mark J. Berkowitz of Mark J. Berkowitz, P.A., Fort Lauderdale, for appellant. Colleen Farnsworth, Assistant Regional Legal Counsel, Department of Children and Families, West Palm Beach, for appellee.

PER CURIAM

.

We reverse the final order of dismissal of the Public Employees Relations Commission because under appellant's "hybrid" cause of action, the applicable six month limitation period began to run on May 3, 2010. See Capo v. Fla. Public Emps. Council 79 v. Dep't of Children & Families, 2012 WL 635929 (Fla. 4th DCA Feb. 29, 2012). We reject appellee's contention that section 447.401, Fla. Stat. (2010) precludes appellant from filing his unfair labor practice charge against DCF. See City of Jacksonville, Jacksonville Sheriff's Office v. Cowen, 973 So. 2d 503 (Fla. 1st DCA 2007); Depaola v. Town of Davie, 872 So. 2d 377 (Fla. 4th DCA 2004); see also Vaca v. Sipes, 386 U.S. 171, 185-86 (1967).

MAY, C.J., STEVENSON and GROSS, JJ., concur.

* * *

Appeal from the State of Florida, Public Employees Relations Commission; L.T. Case No. CB-2010-123.

Mark J. Berkowitz of Mark J. Berkowitz, P.A., Fort Lauderdale, for appellant.

Colleen Farnsworth, Assistant Regional Legal Counsel, Department of Children and Families, West Palm Beach, for appellee.

Not final until disposition of timely filed motion for rehearing.