Smith v. Florida State University

Full title: JOHN W. SMITH, Appellant, v. FLORIDA STATE UNIVERSITY, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Mar 9, 2000

752 So. 2d 1253 (Fla. Dist. Ct. App. 2000)

Opinion

No. 1D98-4594.

Opinion filed March 9, 2000.

An appeal from an order of the Florida State University.

Steven R. Andrews and Mark E. Walker of the Law Offices of Steven R. Andrews, Tallahassee, for Appellant.

Arthur R. Wiedinger, Jr., Associate General Counsel, The Florida State University, Office of the General Counsel, Tallahassee, for Appellee.

PER CURIAM.

We conclude that the University's final order is supported by competent substantial evidence and that the hearing panel did not err in excluding the appellant's proffer of polygraph evidence and similar fact evidence. Accordingly, we affirm.

MINER and PADOVANO, JJ., CONCUR. WOLF, J., DISSENTS WITH OPINION.

WOLF, J., dissenting.

I believe that the similar-fact evidence which appellant attempted to introduce should have been considered. I, therefore, would reverse and remand for further proceedings.