Opinion
Case No. 96-4629
Opinion filed November 10, 1997.
An appeal from an order of the Public Employees Relations Commission.
J. David Richeson and Elizabeth Coke, Fort Pierce, for Appellant.
Matthew J. Mierzwa, Jr. and Margaret M. Bruce of Kaplan Bloom, P.A., Lake Worth, for Appellee.
The portion of the Public Employees Relations Commission order dismissing the employer's unit clarification petition is AFFIRMED. The portion of the order dismissing the employer's miscellaneous action petition is REVERSED and the case is REMANDED to the Commission for an evidentiary hearing on the issue presented in that petition.
We find that appellee is the prevailing party in this appeal and GRANT its motion for appellate attorney fees pursuant to section 447.504(3), Florida Statutes (1995). On remand, the Commission shall determine the amount of a reasonable appellate attorney fee.
ERVIN and BENTON, JJ., CONCUR.