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Woodworth v. Department of Education

District Court of Appeal of Florida, Fourth District
Apr 25, 1979
369 So. 2d 1040 (Fla. Dist. Ct. App. 1979)

Opinion

No. 78-728.

April 25, 1979.

Appeal from the Career Service Commission.

Jerome J. Bornstein of Bornstein Petree, Orlando, for appellant.

James D. Little, Gen. Counsel, State Board of Education, Tallahassee, for appellee.


This is an appeal from an Opinion and Order from the Career Service Commission which affirmed the action of the appellee of dismissing the appellant from his employment as a vocational rehabilitation counselor. Our scope of review is limited and defined by Section 120.68, Florida Statutes (1977) and within those guidelines we find no error. There were certain disputed facts which were resolved by the factfinding body and after a resolution of those disputed facts there is substantial competent evidence to warrant the finding of guilt. There was evidence the appellant disobeyed proper orders of his superior, failed to follow established standards of communications within the agency by "going over his supervisor's head" to voice grievances and otherwise caused disruption, all of which led the employer to determine appellant's presence was counter-productive. Appellant urges he was motivated by a proper consideration for his clients best interests and any breaches of the rules were not such to warrant such a harsh penalty as dismissal. We have no authority to review the penalty so long as it is within the limits allowed by law. Florida Real Estate Commission v. Webb, 367 So.2d 201 (Fla. 1978). The penalty was within the limits of the authority of the appellee. Section 110.061(1). Florida Statutes (1977).

AFFIRMED.

CROSS and ANSTEAD, JJ., concur.


Summaries of

Woodworth v. Department of Education

District Court of Appeal of Florida, Fourth District
Apr 25, 1979
369 So. 2d 1040 (Fla. Dist. Ct. App. 1979)
Case details for

Woodworth v. Department of Education

Case Details

Full title:LANCE WOODWORTH, APPELLANT, v. DEPARTMENT OF EDUCATION, OFFICE OF BLIND…

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 25, 1979

Citations

369 So. 2d 1040 (Fla. Dist. Ct. App. 1979)

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